Legal Opinion

Koontz v. Baltimore & Ohio Railroad

Massachusetts Supreme Judicial Court

Decided February 26, 1915PublishedCited by 6 opinions

Tort by an employee of the Baltimore and Ohio Railroad Company, a corporation organized under the laws of the State of Maryland and alleged to have a usual place of business in Boston, against such employer for personal injuries sustained by the plaintiff in Maryland or in the State of Pennsylvania, of which he was an inhabitant. Writ dated September 16, 1913. The action was begun by trustee process.

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Tort by an employee of the Baltimore and Ohio Railroad Company, a corporation organized under the laws of the State of Maryland and alleged to have a usual place of business in Boston, against such employer for personal injuries sustained by the plaintiff in Maryland or in the State of Pennsylvania, of which he was an inhabitant. Writ dated September 16, 1913. The action was begun by trustee process. Service was attempted to be made on the defendant by serving on the commissioner of corporations of Massachusetts and by summoning as trustee the New York, New Haven, and Hartford Railroad…

1Opinion of the CourtBraley, J.

The amended return on the writ having been insufficient to show any personal service on the defendant, a foreign corporation, described in the writ as having a usual place of business at Boston in this Commonwealth, the court could not enter judgment against the company, which has appeared specially for the purpose of pleading in abatement or to move that the action be dismissed. St. 1903, c. 437, § 62. R. L. c. 170, § 1. Eliot v. McCormick, 144 Mass. 10. Needham v. Thayer, 147 Mass. 536. Kimball v. Sweet, 168 Mass. 105. Roberts v. Anheuser Busch Brewing Association, 215 Mass. 341, 343.…

2Cases cited26 opinions

  1. International Harvester Co. of America v. KentuckySupreme Court of the United States · 1914
  2. Simpson v. ShepardSupreme Court of the United States · 1913
  3. Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910
  4. Martin v. WestSupreme Court of the United States · 1911
  5. McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909

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3Cited by6 opinions

  1. United Drug Co. v. CordleyMassachusetts Supreme Judicial Court · 1921
  2. Jordan v. LavinMassachusetts Supreme Judicial Court · 1946
  3. Cressey v. Erie RailroadMassachusetts Supreme Judicial Court · 1932
  4. Universal Optical Corp. v. Globe Optical Co.Massachusetts Supreme Judicial Court · 1917
  5. Hopedale Manufacturing Co. v. Clinton Cotton MillsMassachusetts Supreme Judicial Court · 1916

1 more not listed; retrieve them via the Exa API.

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