Hedrick v. Canadian Pac. Ry. Co., No. 48.
| Court | United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio |
| Citation | 28 F. Supp. 257 |
| Decision Date | 19 June 1939 |
| Parties | HEDRICK v. CANADIAN PAC. RY. CO. |
| Docket Number | No. 48. |
28 F. Supp. 257
HEDRICK
v.
CANADIAN PAC. RY. CO.
No. 48.
District Court, S. D. Ohio, W. D.
June 19, 1939.
Maurice H. Koodish, of Cincinnati, Ohio, and Claycombe & Stump, of Indianapolis, Ind., for plaintiff.
Waite, Schindel & Bayless, Herbert Shaffer, and Philip J. Schneider, all of Cincinnati, Ohio, for defendant.
NEVIN, District Judge.
On February 14, 1939, plaintiff filed a complaint for damages for personal injuries. On March 4, 1939, defendant, without entering its appearance and appearing solely for the purpose of the motion, filed a motion praying the court "to dismiss this action or in lieu thereof to quash the return of service of summons herein on the ground that the defendant is a corporation organized under the Statutes of the Dominion of Canada and was not and is not subject to service of process within the Southern District of Ohio, and this Court has no jurisdiction over the person of the defendant."
Accompanying the motion is an affidavit in support thereof signed by Angus D. MacDonald, the party upon whom the return shows the service was made by the United States Marshal. The affidavit sets forth in detail the connection which the said MacDonald has with the defendant company. In support of the motion counsel for defendant company cite and rely upon Maxfield v. Canadian Pacific Railway Company et al., 8 Cir., 70 F.2d 982, certiorari denied 293 U.S. 610, 55 S.Ct. 140, 79 L.Ed. 700, rehearing denied 293 U.S. 632, 55 S.Ct. 212, 79 L.Ed. 717.
The facts as disclosed by the affidavit of Mr. MacDonald in the instant case show that his relationship to the defendant company herein and his powers and duties are identical with those of H. M. Tait, who is the party upon whom service was made in the Maxfield case just referred to.
In the Maxfield case the Court of Appeals (C.C.A. 8), affirming the lower court, held that the order of the district court setting aside the service of summons and dismissing the action was a proper order. In the Maxfield case, 70 F.2d at page 985,
In their brief counsel for plaintiff say the Maxfield case "is an authority in Minnesota" but they submit it should not be controlling or persuasive here because (as plaintiff asserts) this court is bound, under the decision in Erie Railroad Company v. Tompkins, 304 U.S. 64, 58 S.Ct....
To continue reading
Request your trial
-
Kenny v. Alaska Airlines, No. 16979.
...D.C.Mo.1955, 127 F.Supp. 747. 7 Cases after April 1938, refusing to apply state law. Hedrick v. Canadian Pacific R. Co., D.C.Ohio 1939, 28 F.Supp. 257 (citing cases prior to Erie) service or agent; Leakley v. Canadian Pacific Express Co., D.C.Alaska 1949, 82 F. Supp. 906, 908, applies "fede......
-
Nyberg v. Montgomery Ward & Co., No. 453.
...the rule obtaining in federal courts and is not controlled by state statutes or decisions, Hedrick v. Canadian Pac. Ry. Co., supra (D.C., 28 F.Supp. 257), and this is true also with respect to cases removed from a state court. Goldey v. Morning News, 156 U.S. 518, 15 S.Ct. 559, 39 L.Ed. 517......
-
Ackerley v. Commercial Credit Co., Civ. No. 477-52
...in diversity cases, French v. Gibbs Corporation, 2 Cir., 1951, 189 F.2d 787; Hedrick v. Canadian Pacific Ry. Co., D.C.S.D.Ohio 1939, 28 F.Supp. 257; see also 2 Moore's Federal Practice pp. 969, It must be determined if the activities of Isbrandtsen in New Jersey are sufficient to render it ......
-
Hinchcliffe Motors v. Willys-Overland Motors, No. 86.
...D.C., 18 F.Supp. 863; Pioneer Utilities Corp. v. Scott-Newcomb, Inc., D.C., 26 F.Supp. 616; Hedrick v. Canadian Pacific Ry. Co., D.C., 28 F.Supp. 257. It would appear from a consideration of the foregoing authorities that the mere solicitation of business in a foreign state is insufficient ......
-
Kenny v. Alaska Airlines, No. 16979.
...D.C.Mo.1955, 127 F.Supp. 747. 7 Cases after April 1938, refusing to apply state law. Hedrick v. Canadian Pacific R. Co., D.C.Ohio 1939, 28 F.Supp. 257 (citing cases prior to Erie) service or agent; Leakley v. Canadian Pacific Express Co., D.C.Alaska 1949, 82 F. Supp. 906, 908, applies "fede......
-
Nyberg v. Montgomery Ward & Co., No. 453.
...the rule obtaining in federal courts and is not controlled by state statutes or decisions, Hedrick v. Canadian Pac. Ry. Co., supra (D.C., 28 F.Supp. 257), and this is true also with respect to cases removed from a state court. Goldey v. Morning News, 156 U.S. 518, 15 S.Ct. 559, 39 L.Ed. 517......
-
Ackerley v. Commercial Credit Co., Civ. No. 477-52
...in diversity cases, French v. Gibbs Corporation, 2 Cir., 1951, 189 F.2d 787; Hedrick v. Canadian Pacific Ry. Co., D.C.S.D.Ohio 1939, 28 F.Supp. 257; see also 2 Moore's Federal Practice pp. 969, It must be determined if the activities of Isbrandtsen in New Jersey are sufficient to render it ......
-
Hinchcliffe Motors v. Willys-Overland Motors, No. 86.
...D.C., 18 F.Supp. 863; Pioneer Utilities Corp. v. Scott-Newcomb, Inc., D.C., 26 F.Supp. 616; Hedrick v. Canadian Pacific Ry. Co., D.C., 28 F.Supp. 257. It would appear from a consideration of the foregoing authorities that the mere solicitation of business in a foreign state is insufficient ......