Barnett v. Texas & P. Ry. Co.

FRANK, Circuit Judge.

Defendant contends that the district court correctly held that its decision was compelled by the “solicitation” doctrine of Green v. Chicago, B. & Q. R. Co., 205 U.S. 530, 27 S.Ct. 595, 51 L.Ed. 916. But in International Harvester v. Kentucky, 234 U.S. 579, 586, 34 S.Ct. 944, 58 L.Ed. 1479, the Court referred to the Green case as “extreme.” In Hutchinson v. Chase & Gilbert, 2 Cir., 45 F.2d 139, 141, this court, per Judge L. Hand, said: “Possibly the maintenance of a regular agency for the solicitation of business will serve without more. The answer made in Green v. C., B.…