Chesapeake, Railroad v. Cowherd
Court of Appeals of Kentucky
Case 21 — PETITION OBDINAKY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The common law rule being that a corporation can not be sued outside of the State in which it was created, but that a State has the right to exclude foreign corporations from doing business in its territory, it follows that the State may impose upon the corporation coming into the State the condition of submitting to the process of the State courts, but suits can not be brought against such…
Read the full summary
Case 21 — PETITION OBDINAKY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. The common law rule being that a corporation can not be sued outside of the State in which it was created, but that a State has the right to exclude foreign corporations from doing business in its territory, it follows that the State may impose upon the corporation coming into the State the condition of submitting to the process of the State courts, but suits can not be brought against such corporation except to the extent authorized by statute. (St. Clair v. Cox, 106 17. S., 350; McQueen v. The Middletown…
1Opinion of the Court
JUDGE HAZELRIGG
deliyebed the opinion op the court.
The appellee, a citizen of Shelby county, Kentucky, was injured in the State of West Virginia through the negligence of the appellant, a non-resident corporation and common carrier. He brought his action for damages arising out of the injury in the Jefferson Court of Common Pleas, and process was executed on a ticket agent of the corporation stationed at Louisville. The carrier has no chief office or place of business in this State, and no chief officer or agent residing in this State. It does not pass into or through the counties of Jefferson…
2Cited by4 opinions
- Melton's Administrator v. Southern Railway Co.Court of Appeals of Kentucky (pre-1976) · 1930
- Eichhorn v. Louisville & N. R. R.Court of Appeals of Kentucky · 1901
- Knight v. Pennsylvania R. Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Fisher v. Cleveland, C., C. & St. L. Ry. Co.U.S. Circuit Court for the District of Kentucky · 1909