LaGergren v. Pa. R.R. Co.

• Decision Date: 11 June 1915
• Docket Number: No. 19254 [169].,19254 [169].
• Citation: 152 N.W. 1102,130 Minn. 35
• Parties: LAGERGREN v. PENNSYLVANIA RAILROAD CO.
• Court: Minnesota Supreme Court

130 Minn. 35

152 N.W. 1102

LAGERGREN

v.PENNSYLVANIA RAILROAD CO.

No. 19254 [169].

Supreme Court of Minnesota.

June 11, 1915.

Appeal from District Court, St. Louis County; Wm. A. Cant, Judge. Action by John Gottfrid Lagergren against the Pennsylvania Railroad Company. From denial of motion to set aside service of summons, defendant appeals. Affirmed.

Thomas S. Wood, of Duluth, for appellant.

Andrew Nelson and Geo. B. Sjoselius, both of Duluth, for respondent.

PER CURIAM.

The summons in this action was served upon a resident soliciting freight agent of defendant, a foreign corporation. Defendant appeared specially and moved to set the service aside, on the ground that it conferred no jurisdiction over the person of defendant and was not due process of law within the meaning of the federal Constitution. The motion was denied, and defendant appealed. The case is controlled by the decision in Armstrong v. Railway Co., 151 N. W. 917, where substantially the same question was presented. North Wisconsin Cattle Co. v. Railway Co., 105 Minn. 198, 117 N. W. 391, is not in point. That decision was rendered prior to the amendment of the statute providing for the service of process upon foreign corporations. Chapter 218, G. Laws 1913 (Gen. St. 1913, § 7735). The case of Simon v. Railway Co., 236 U. S. 115, 35 Sup. Ct. 255, 59 L. Ed. 492, recently decided by the federal Supreme Court, is, on its facts, unlike the case at bar, and therefore not controlling. Order affirmed.