Ohio River Contract Company v. Honorable Thomas Gordon
Decision Date | 21 May 1917 |
Docket Number | No. 594,594 |
Parties | OHIO RIVER CONTRACT COMPANY, Plff. in Err., v. HONORABLE THOMAS R. GORDON, Judge Jefferson Circuit Court |
Court | U.S. Supreme Court |
Messrs. W. Overton Harris and A. E. Richards for plaintiff in error.
Messrs. Matthew O'Doherty and Morton K. Yonts for defendant in error.
In July, 1914, one Haines sued the Ohio River Contract Company, the plaintiff in error, and Swisher, one of its employees, in the circuit court of Jefferson county, Kentucky, to recover damages resulting from personal injuries alleged to have been occasioned by the negligence of the defendants while Haines was in the employ of the company. The defendant company by appropriate pleadings challenged the power of the court to entertain the suit, both because of the want of jurisdiction over the corporation and over the subject-matter of the suit. Briefly the facts were these:
The Contract Company was a corporation organized under the laws of Indiana, and had its principal place of business in that state. At the time in question it was engaged within the geographical limits of the state of Kentucky in constructing, under a contract with the United States government, a canal with locks and dam on the Ohio river on a piece of land known as the Canal Reservation, acquired by the United States by purchase or condemnation from the state of Kentucky with the consent of its legilature. While most of the work under the contract was performed on the land thus acquired, the earth and rocks excavated in the construction of the canal were hauled over railroad tracks laid by the defendant company on land outside of the Canal Reservation, and, through an arrangement with the Kentucky & Indiana Terminal Railway Company, were dumped on its property in the state of Kentucky. The accident which gave rise to the injuries complained of occurred in the course of the work on the Canal Reservation. In conformity with a statute of Kentucky the company had designated an agent in the state upon whom process might be served in the event suits were brought against it in the state. The summons issued in the cause was served on the designated agent when he was on the land of the United States, but subsequently an alias summons was served on him at his home in Louisville.
Under these facts it was insisted the court was without jurisdiction (a) because when the accident occurred the company and the plaintiff were engaged in work under a contract with the United States government; (b) because the cause of action arose on land acquired by the United States by purchase or condemnation with the consent of the legislature of Kentucky, and therefore, under article 1, § 8, clause 17, of the...
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...there [is] no other adequate remedy and to preserve the orderly administration of the laws." (emphasis added)), aff'd, 244 U.S. 68, 37 S.Ct. 599, 61 L.Ed. 997 (1917). Gordon also held that the "inadequate remedy by appeal" requirement applied whether the petition sought to prohibit the lowe......
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