Connelly v. Central R.
District Court, S.D. New York
At Law. Separate actions by James Connelly, an infant, by Margaret Connelly, his guardian ad litem, and by Margaret Connelly, against the Central Railroad Company of New Jersey. On defendant’s motion to set aside the service of summons in each case because the court has not jurisdiction of defendant’s person.
1Opinion of the Court
MAYER, District Judge.
This is a motion to set aside the service of the summons in each of these cases on the ground “that this court has not jurisdiction of the person of the defendant” The moving affidavits show that each plaintiff is, and was at the time of the commencement of the action, a resident of Bayonne, N. J.; that defendant is a citizen of New Jersey; and that the cause of action arose at Bayonne, N. J.
The affidavits submitted on behalf of plaintiffs set forth that the cause of action arises under the so-called federal Employers’ Liability Act, section 6 of which, as amended April…
2Cases cited3 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
- Takacs v. Philadelphia & R. Ry. Co.District Court, S.D. New York · 1915
3Cited by14 opinions
- Miles v. Illinois Central RailroadSupreme Court of the United States · 1942
- Leet v. Union Pacific RailroadCalifornia Supreme Court · 1944
- McConnell, Admx. v. Thomson, Tr.Indiana Supreme Court · 1937
- Schendel ex rel. Schendel v. District CourtSupreme Court of Minnesota · 1923
- Southern Ry. Co. v. CochranCourt of Appeals for the Sixth Circuit · 1932
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