Robb v. Chicago & Alton R.R. Co.
| Decision Date | 31 March 1871 |
| Citation | 47 Mo. 540 |
| Parties | HICKMAN N. ROBB, Appellant, v. CHICAGO AND ALTON RAILROAD COMPANY, Respondent. |
| Court | Missouri Supreme Court |
Error to St. Louis Circuit Court.
T. S. Espy, for appellant.
Dryden, Lindley & Dryden, for respondent.WAGNER, Judge, delivered the opinion of the court.
This was an action brought in the St. Louis Circuit Court to recover damages for the negligently running of the defendant's engine and cars against the wagon and horses of the plaintiff at a public road-crossing in the State of Illinois.
The petition alleged that the defendant was an incorporated company duly organized under an act of the Legislature of the State of Illinois, and that it operated a railroad terminating opposite the city of St. Louis, and that its chief office or place of business was in the city of St. Louis.
The answer was in effect a plea to the jurisdiction of the court, and put in issue the allegation as to the location of the defendant's chief office or place of business.
On the trial the plaintiff read in evidence the defendant's charter, the fourth section of which provides that “the chief office of said corporation shall be in the city of Chicago.” Evidence was also given showing that although the defendant had an office in St. Louis for the sale of tickets and for receiving and handling freights, yet the general freight office, the offices of president and secretary and the board of directors, were at Chicago. Upon these facts the court dismissed the case for want of jurisdiction, and the plaintiff appealed to this court. There is but one question to be determined, and that is the jurisdiction of the court.
The statute in reference to corporations provides that “any corporation incorporated by any other State or country, and having property in this State, shall be liable to be sued, and the property of the same shall be subject to attachment in the same manner as individuals, residents of other States or countries and having property, are now liable to be sued and their property subject to be attached; provided that all railroad companies who own and operate roads terminating opposite the city of St. Louis, and whose chief office or place of business is in the city of St. Louis, shall be sued in the same manner, and no other, that railroad companies chartered by the laws of this State are sued.” (1 Wagn. Stat. 292, § 19.) The same provision, as to bringing suits against railroad companies owning or operating roads terminating opposite the city of St. Louis, is made in the practice...
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... ... sued in this State by ordinary summons. [ Robb v ... Railroad, 47 Mo. 540; Middough v. Railroad, 51 ... Mo. 520.] ... ...
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State v. Gantt
...statutes all dealt with suits against domestic corporations, for only such could be then sued in this state by ordinary summons. Robb v. Railroad, 47 Mo. 540; Middough v. Railroad, 51 Mo. In 1855 there appeared for the first time in a revision subdivisions 2 and 3, now found in section 1751......
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