Takacs v. Philadelphia & R. Ry. Co.
District Court, S.D. New York
At Law. Action by Frank Takacs against the Philadelphia & Reading Railway Company. On motion to set aside the service of the summons and complaint. The plaintiff alleges that at the time of the commencement of this action he was and still is a resident of the state of New York, Southern district of New York, and that on June 30, 1914, at Port Reading, in the state of New Jersey, he was injured through the fault of defendant.
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At Law. Action by Frank Takacs against the Philadelphia & Reading Railway Company. On motion to set aside the service of the summons and complaint. The plaintiff alleges that at the time of the commencement of this action he was and still is a resident of the state of New York, Southern district of New York, and that on June 30, 1914, at Port Reading, in the state of New Jersey, he was injured through the fault of defendant. He now asks for judgment for the damages suffered hy him. Defendant has moved to set aside tile service of the summons and complaint herein. It appears that the summons…
1Opinion of the Court
MAYER, District Jüdge
(after stating the facts as above). If it be assumed (for it need not now be decided) that the defendant was doing business within the state of 'New York at the times referred to in the complaint (and this is doubtful), nevertheless this case clearly falls within the principle laid down in Simon v. Southern Railway Co., 236 U. S. 115, 35 Sup. Ct. 255, 59 L. Ed. 492.
The recent opinion of Judge Reamed Hand in Smolik v. Philadelphia & Reading Coal & Iron Co., and Tobias v. Same, 222 Fed. 148, related to a case wherein the defendant had designated an agent to accept service…
2Cases cited2 opinions
- Simon v. Southern Railway Co.Supreme Court of the United States · 1915
- Smolik v. Philadelphia & Heading Coal & Iron Co.District Court, S.D. New York · 1915
3Cited by2 opinions
- Rishmiller v. Denver & Rio Grande RailroadSupreme Court of Minnesota · 1916
- Connelly v. Central R.District Court, S.D. New York · 1916