Kuzma v. Witherbee, Sherman & Co.
District Court, E.D. New York
At Law. Actions by Rranislaw Kuzma and by Floriyan Zyncl against Witherbee, Sherman & Co., a corporation. On motions to quash the service and to dismiss for want of jurisdiction.
1Opinion of the Court
CHATFIELD, District Judge.
[1] These actions are brought by an alien, at present living within this district, against a corporation, which has its domicile and principal place of business in the Northern district of New York. It is evident that these actions, which are for personal injuries, are not local in their nature, in the sense in which that word is used in sections 52 to 55 of the Judicial Code. The actions can only be instituted, therefore, in the district of the residence of the defendant, unless the question be waived. Galveston, etc., Railway v. Gonzales, 151 U. S. 496, 14 Sup. Ct.…
2Cases cited5 opinions
- Toland v. SpragueSupreme Court of the United States · 1838
- Galveston, Harrisburg & San Antonio Railway Co. v. GonzalesSupreme Court of the United States · 1894
- United States v. American Lumber Co.Court of Appeals for the Ninth Circuit · 1898
- Murphy v. Herring-Hall-Marvin Safe Co.U.S. Circuit Court for the District of Nevada · 1911
- United States ex rel. Miller v. MitchellDistrict Court, E.D. New York · 1915
3Cited by2 opinions
- Vitkus v. Clyde S. S. Co.District Court, E.D. New York · 1916
- Townsend v. FletcherDistrict Court, N.D. Ohio · 1949