Legal Opinion

Graustein v. Rutland R.

District Court, D. Massachusetts

Decided March 4, 1919No. 914PublishedCited by 7 opinions

At Law. Action by Ida S. Graustein against the Rutland Railroad Company. On plea in abatement.

1Opinion of the Court

MORTON, District Judge.

This plea in abatement raises the questions (1) whether the defendant is within the jurisdiction of the court and subject to suit here; and (2) if not, whether service on it in Vermont was good. The facts are as follows:

[1] The defendant is a Vermont corporation. Its principal place *410of business is in that state. It neithei- owns nor operates any railroad within this district. The process issued against it in the present suit was served in Boston, upon one Burrell, and upon one Marsters, each of whom is said in the marshal’s return of service to have been an agent of the…

2Cases cited4 opinions

  1. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  2. In Re Keasbey & Mattison Co.Supreme Court of the United States · 1895
  3. Goepfert v. Compagnie Generale TransatlantiqueU.S. Circuit Court for the District of Eastern Pennsylvania · 1907
  4. Davis v. Baltimore & O. R.District Court, D. Massachusetts · 1919

3Cited by7 opinions

  1. Robertson v. Railroad Labor BoardSupreme Court of the United States · 1925
  2. Appleton Electric Company v. Advance-United ExpresswaysCourt of Appeals for the Seventh Circuit · 1974
  3. Maxfield v. Canadian Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1934
  4. Frink Co. v. EriksonCourt of Appeals for the First Circuit · 1927
  5. Fisher v. Canadian Pac. Ry. Co.District Court, W.D. New York · 1932

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