Legal Opinion

Philadelphia & Reading Railway Co. v. McKibbin

Supreme Court of the United States

Decided March 6, 1917No. 136PublishedCited by 323 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The case is stated in the opinion.

1Opinion of the CourtJustice Brandeis

A foreign corporation is amenable to process to enforce a personal liability, in the absence of consent, only if it is doing business within the State in such manner and to such extent as to warrant the inference that it is present there. And even if it is doing business within the State the process will be valid only if served upon some authorized agent. St. Louis Southwestern Ry. Co. v. Alexander, 227 U. S. 218, 226. Whether the corporation was doing business within the State and whether the person served was an authorizied agent are questions vital to the jurisdiction of the court. A…

2Cases cited5 opinions

  1. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  2. St. Louis Southwestern Railway Co. of Texas v. AlexanderSupreme Court of the United States · 1913
  3. Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1907
  4. Wetmore v. RymerSupreme Court of the United States · 1898
  5. Herndon-Carter Co. v. James N. Norris, Son & Co.Supreme Court of the United States · 1912

3Cited by323 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Shaffer v. HeitnerSupreme Court of the United States · 1977
  3. Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
  4. Harold Noel Arrowsmith, Jr. v. United Press InternationalCourt of Appeals for the Second Circuit · 1963
  5. Cannon Manufacturing Co. v. Cudahy Packing Co.Supreme Court of the United States · 1925

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