Grover v. American Express Co.

• Decision Date: 14 April 1882
• Citation: 11 F. 386
• Parties: GROVER v. AMERICAN EXPRESS CO. [1]
• Court: United States Circuit Court, District of Indiana

11 F. 386

GROVER v. AMERICAN EXPRESS CO. ^[1]

United States Circuit Court, D. Indiana.

April 14, 1882

Claypool & Ketcham, for plaintiff.

Baker Hord & Hendricks, for defendant.

GRESHAM D.J.

It appears from the complaint that the plaintiff sues as a citizen of the state of Indiana, and that the defendant is a New York corporation; that the plaintiff sustained personal injuries, caused by an explosion of certain articles which he was handling as the defendant's express messenger without being informed of the dangerous character of such freight, and that this injury, for which damages are claimed occurred in the state of Ohio. The process was served on the defendant's agent stationed and doing business for it at Indianapolis. The defendant enters a special appearance, and moves to set aside the service of the process, and the marshal's return of the same. The general assembly of Indiana passed an act entitled 'An act in relation to foreign express companies, defining their duties, and providing penalties for a failure to comply with the provisions of this act,' which was approved March 29 1879.

Section 1 of this act declares that all copartnerships, associations of persons, joint-stock associations or companies, not organized or incorporated under the laws of this state, usually called express companies, engaged in carrying money or merchandise over any of the railroads, rivers, canals, or other thoroughfares of this state for compensation, shall be deemed common carriers.

Section 2 declares that all such common carriers shall file in the office of the recorder of each county in which their business is conducted a statement setting forth the name and locality of such common carriers, the amount of capital employed in such business, and also an agreement authorizing citizens or residents of this state, having claims or demands against such common carriers, arising out of any transaction in this state with any agent or employe of such common carriers, to sue for and maintain an action in respect to the same in any court of competent jurisdiction in this state, and that service of process in such action on the officers or agents of such common carriers shall be valid service on such common carriers, and shall authorize judgment as in ordinary cases. It also further provides that it shall not be lawful for such common carriers to transact business in any county in this state until the statement and agreement aforesaid have first been made and filed, and that agents and employes of such common carriers, who violate the provisions of the act, shall be deemed guilty of misdemeanor, and punished by fine of not less than ten nor more than one hundred dollars for each offence.

Section 3 provides that such common carriers may sue and be sued in any court of competent jurisdiction in the state, in and by the name set forth in the statement required to be filed by section 2; but, until such common carriers shall comply with the provisions of section 2, it shall not be lawful for them to sue and maintain an action for any claim or demand whatever, against any citizen of the state, arising out of any transaction connected with such express business in this state.

The plaintiff's counsel insists that, notwithstanding this statute, a foreign express company transacting business in this state may be sued in any court of competent jurisdiction in the state, whether the cause of action arises out of a transaction occurring within or without the state, and that process in such suit may be served on the company's agent found doing business in the state.

Indiana prescribed, in the act of 1879, the conditions upon which foreign express companies might transact their business within her territory, viz.: they should file a...