Seaboard Rice Milling Co v. Chicago Ry Co
| Court | United States Supreme Court |
| Citation | 70 L.Ed. 633,46 S.Ct. 247,270 U.S. 363 |
| Docket Number | No. 311,311 |
| Parties | SEABOARD RICE MILLING CO. v. CHICAGO, R. I. & P. RY. CO |
| Decision Date | 01 March 1926 |
v.
CHICAGO, R. I. & P. RY. CO.
Submitted on Motion to Affirm Jan. 25, 1926.
Page 364
Messrs. Thomas P. Littlepage, of Washington, D. C., Lon O. Hocker and Frank H. Sullivan, both of St. Louis, Mo., W. F. Dickinson, of Chicago, Ill., Luther Burns, of Topeka, Kan., and M. L. Bell, of Chicago, Ill., for the motion.
Mr. Alfred G. Hagerty, of St. Paul, Minn., opposed.
Mr. Justice SANFORD delivered the opinion of the Court.
This is an action at law brought by the Milling Company against the Railway Company, in the District Court of the Eastern District of Missouri, to recover the sum of $3,035.73 for damages alleged to have been sustained through the negligence of the Railway Company, the initial carrier, and its connecting carriers, in the interstate transportation of rice shipped from Arkansas to New York. The Railway Company, appearing specially, filed a plea to the jurisdiction, on the ground that neither it nor the Milling Company was a resident or inhabitant of the district. This plea was sustained, without opinion, and the suit was dismissed for want of jurisdiction. This direct writ of error was allowed and the jurisdictional question certified, in February, 1925, under § 238 of the Judicial Code (Comp. St. § 1215).
The Railway Company has interposed a motion to affirm the judgment, upon the ground that the question
Page 365
upon which the decision depends is so unsubstantial as not to need further argument. Hodges v. Snyder, 43 S. Ct. 435, 261 U. S. 600, 601, 67 L. Ed. 819. This motion must be granted.
The declaration and the testimony heard upon the plea show that the Milling Company is a corporation organized under the laws or Texas; and that the Railway Company is a corporation organized under the laws of Illinois and Iowa, having its principal office in Chicago, but maintaining a branch office and operating a branch line within the eastern district of Missouri.
Section 51 of the Judicial Code (Comp St. § 1033) which deals with the venue of suits originally begun in the District Courts-reenacting in part a similar provision in the Judiciary Act of 18881-provides, subject to certain exceptions not material here, that 'no civil suit shall be brought in any district court against any person by any original process of proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded...
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...creation (Shaw v. Quincy Mining Co., 145 U.S. 444, 12 S. Ct. 935, 36 L.Ed. 768; Seaboard Rice Milling Co. v. Chicago, R. I. & P. Ry. Co., 270 U.S. 363, 46 S.Ct. 247, 70 L.Ed. 633), but it is living its life elsewhere. In a very real and practical sense, it is a resident of the forum, like t......
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...creation (Shaw v. Quincy Minning Co., 145 U.S. 444, 12 S.Ct. 935, 36 L.Ed. 768;Seaboard Rice Milling Co. v. Chicago, R.I. & P. Ry. Co., 270 U.S. 363, 46 S.Ct. 247, 70 L.Ed. 633), But it is living its life elsewhere. In a very real and practical sense, it is a resident of the forum, like the......
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...Inv. Co. v. Lake Shore R. Co., 260 U.S. 261, 271, 43 S.Ct. 106, 111, 67 L.Ed. 244; Seaboard Rice Milling Co. v. Chicago, R.I. & P.R. Co., 270 U.S. 363, 46 S.Ct. 247, 70 L.Ed. 633; Luckett v. Delpark, Inc., 270 U.S. 496, 46 S.Ct. 397, 70 L.Ed. 703; Burnrite Coal Co. v. Riggs, 274 U.S. 208, 2......
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Levering & Garrigues Co. v. Morrin, 50.
...to venue was a privilege personal to them and was waived by their failure to object. Seaboard, etc., Co. v. Chicago, etc., Ry. Co., 270 U. S. 363, 365, 46 S. Ct. 247, 70 L. Ed. When federal jurisdiction is grounded on diverse citizenship, it must affirmatively appear in the pleadings or fro......
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Neirbo Co v. Bethlehem Shipbuilding Corporation, 38
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Levering & Garrigues Co. v. Morrin, 50.
...to venue was a privilege personal to them and was waived by their failure to object. Seaboard, etc., Co. v. Chicago, etc., Ry. Co., 270 U. S. 363, 365, 46 S. Ct. 247, 70 L. Ed. When federal jurisdiction is grounded on diverse citizenship, it must affirmatively appear in the pleadings or fro......
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Marshall-Wells Co. v. Commissioner of Taxation, 33928
...creation (Shaw v. Quincy Minning Co., 145 U.S. 444, 12 S.Ct. 935, 36 L.Ed. 768; Seaboard Rice Milling Co. v. Chicago, R.I. & P. Ry. Co., 270 U.S. 363, 46 S.Ct. 247, 70 L.Ed. 633), But it is living its life elsewhere. In a very real and practical sense, it is a resident of the forum, like th......