Michigan Cent Co v. Mix, 118
| Court | United States Supreme Court |
| Citation | 278 U.S. 492,49 S.Ct. 207,73 L.Ed. 470 |
| Docket Number | No. 118,118 |
| Parties | MICHIGAN CENT. R. CO. v. MIX et al |
| Decision Date | 18 February 1929 |
v.
MIX et al.
Page 493
Mr. Charles A. Houts, of St. Louis, Mo., for petitioner.
Messrs. Arthur Staal and E. D. Andrews, both of St. Louis, Mo., for respondents.
Mr. Justice BRANDEIS delivered the opinion of the Court.
Thomas Doyle, a switchman employed by the Michigan Central Railroad, was killed in Michigan in the performance of his duties. He was then a resident of Lansing in that state, and there his wife Augusta lived with him until his death. Shortly after, she removed to Mossouri, was appointed administratrix of his estate at St. Louis, and, as such, brought in the circuit court of that city an action for damages against the railroad under the Federal Safety Appliance Act (45 USCA §§ 1-46) and the Federal Employers' Liability Act (45 USCA §§ 51-59). The railroad is a Michigan corporation. No part of its line runs into Missouri. It has not consented to be sued there, has never been admitted to do business there, and has never done any business there, except soliciting freight for transportation in interstate commerce over its lines in other states. For this limited purpose it
Page 494
maintains an office at St. Louis. Upon its agent in charge of that office the sheriff made service of the summons.
The railroad, appearing specially, filed a petition for removal of the cause to the federal court. This the state court denied. Thereupon the railroad filed a transcript of the record in the federal court and moved there to quash the summons. Upon objection of the administrix, that court declined to pass on the motion and remanded the case to the state court. The did so apparently on the ground that the suit was one under the Federal Employers' Liability Act. The railroad, again appearing specially, pressed in the state court the motion to quash. It was denied on the authority of State ex rel. Texas Portland Cement Co. v. Sale, 232 Mo. 166, 132 S. W. 1119, and Davis v. Jacksonville Southeastern Line, 126 Mo. 69, 28 S. W. 965, which hold that service upon a soliciting freight agent confers jurisdiction and that a petition to remove to the federal court is equivalent to a general appearance. After denial of the motion to quash the summons this application for a writ of prohibition was filed by the railroad, in the highest court of the state, in accordance with what appears to be the appropriate local practice. It prays that the judges of the circuit court be enjoined from acting in the suit commenced by Mrs. Doyle. The application for the writ of prohibition was denied without an opinion. That judgment is final within the meaning of section 237(a) of the Judicial Code (28 USCA § 344(a). State of Mossouri ex rel. St. Louis, Brownsville & Mexico Ry. Co. v. Taylor, 266 U. S. 200, 45 S. Ct. 47, 69 L. Ed. 247, 42 A. L. R. 1232. This court granted a writ of certiorari. 277 U. S. 581, 48 S. Ct. 562, 72 L. Ed. 998.
The railroad claims that it was not subject to suit in Missouri,...
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