Olberding v. Illinois Cent. R. Co., 11587.
| Decision Date | 12 February 1953 |
| Docket Number | No. 11587.,11587. |
| Citation | 201 F.2d 582 |
| Parties | OLBERDING et al. v. ILLINOIS CENT. R. CO. |
| Court | U.S. Court of Appeals — Sixth Circuit |
W. C. Welborn and Wm. L. Mitchell, Evansville, Ind., Milford M. Miller, Evansville, Ind., on brief, for appellants.
James G. Wheeler, Paducah, Ky., Joseph H. Wright, Gen. Counsel, and Chas. A. Helsell, Gen. Sol., Chicago, Ill., Doolan, Helm, Stites & Wood, Louisville, Ky., of counsel, Thos. J. Marshall, Jr. and Wheeler & Marshall, Paducah, Ky., on brief, for appellee.
Before ALLEN, MARTIN and McALLISTER, Circuit Judges.
In the district court, a judgment was entered for plaintiff now appellee on the verdict of a jury awarding $37,500 damages for the negligent operation of a large motor vehicle which was transporting a piece of heavy machinery on a highway in McCracken County, Kentucky. The sole issue on appeal is a challenge to the venue of the United States District Court and the validity of the service of process on appellants.
Jurisdiction in the district court was grounded on the diversity of citizenship of the parties, the plaintiff railroad company having been incorporated under the laws of Illinois and appellants being residents of the State of Indiana. Service of process was rested upon Kentucky Revised Statutes 188.020 and 188.030, wherein it is provided: "Any nonresident operator or owner of any motor vehicle who accepts the privilege extended by the laws of this state to nonresidents to operate motor vehicles or have them operated within this state shall, by such acceptance and by the operation of such motor vehicle within this state, make the Secretary of State his agent for the service of process in any civil action instituted in the courts of this state against the operator or owner arising out of or by reason of any accident or collision or damage occurring within this state in which the motor vehicle is involved."
Upon the authority of the hereinafter cited cases, we think the action fell plainly within the venue of the United States District Court and that the service of process under the foregoing Kentucky statutes was valid.
In Nierbo Co. v. Bethlehem Shipbuilding Corporation, 308 U.S. 165, 170, 174, 60 S.Ct. 153, 84 L.Ed. 167, the Supreme Court held that a foreign corporation which, in conformity with a valid state statute as a condition upon which it was privileged to do business within the state, designated an agent upon whom service of process could be made had given effective consent to being sued in the federal courts of that state. Compare Ex parte Schollenberger, 96 U.S. 369, 24 L.Ed. 853. See also Hess v. Pawloski, 274 U.S. 352, 47 S.Ct. 632, 71 L.Ed. 1091, wherein it was held that a Massachusetts statute was valid where it declared that the use of the state's highways by a nonresident motorist shall be deemed equivalent to an appointment by him of the registrar as his attorney upon whom process may be served in any action growing out of any accident or collision in which the nonresident...
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McCoy v. Siler
...in Martin v. Fischbach Trucking Co., 1 Cir., 1950, 183 F.2d 53. I agree with the conclusion reached in Olberding v. Illinois Central R. Co., 6 Cir., 1953, 201 F.2d 582. For the reasons stated I must respectfully dissent from the view expressed by the 1 Pa.Stat.Ann. tit. 75, § 1201, Purdon. ......
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First Flight Company v. National Carloading Corporation
...31 Griffin v. Ensign, 234 F.2d 307; Farr & Co. v. Cia. Intercontinental De Navegacion De Cuba, 2 Cir., 243 F.2d 342; Olberding v. Illinois Cent. R. Co., 6 Cir., 201 F.2d 582, reversed on other grounds 346 U.S. 338, 74 S.Ct. 83, 98 L.Ed. 39. 32 "A corporation may be sued in any judicial dist......
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Olberding v. Illinois Cent Co
...was overruled and the case went to trial, resulting in a verdict for the plaintiff. The Court of Appeals for the Sixth Circuit affirmed, 201 F.2d 582. Its ruling on venue, in the situation here presented, is in direct conflict with that of the First Circuit in Martin v. Fishbach Trucking Co......
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Burke v. Greer, Civ. A. No. 1004.
...point raised by the movants here. Similar statutes have been construed with the same result in the following cases: Olberding v. Illinois Central R. Co., 6 Cir., 201 F.2d 582; Jacobson v. Schuman, D.C., 105 F. Supp. 483; Garcia v. Frausto, D.C., 97 F. Supp. 583; Burnett v. Swenson, D.C., 95......