Seaver v. Hikes

AUDRICH, District Judge.

In this case there is a plea and a motion to dismiss on the ground of lack of jurisdiction. The motion was granted, and the question raised is being considered upon rehearing. The. plea and motion are grounded upon the idea that there was no proper service.

The plaintiff relies upon a cause of action alleged to have been created in the government operation of the Rutland Railroad, a railroad foreign to the district of New Hampshire, and at .a place outside this district, namely, Malone, in the state of New York.

In the briefs counsel have cited the cases of Wainwright v.…