Legal Opinion

Eline v. Western Maryland Railway Co.

Supreme Court of Pennsylvania

Decided March 27, 1916No. Appeal, No. 429PublishedCited by 19 opinions

Appeal, No. 429, Jan. T., 1915, by plaintiff, from final order of C. P. Adams Co., Aug. T., 1914, No. 173, setting aside service of summons and quashing writ in case of Annie K. Eline v. Western Maryland Railway Company. Trespass to recover damages for personal injuries on a cause of action arising in York County. Rule to set aside service of- summons and to quash writ. Before Swope, P. J. The facts appear by the opinion of the Supreme Court. The court quashed the writ.

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Appeal, No. 429, Jan. T., 1915, by plaintiff, from final order of C. P. Adams Co., Aug. T., 1914, No. 173, setting aside service of summons and quashing writ in case of Annie K. Eline v. Western Maryland Railway Company. Trespass to recover damages for personal injuries on a cause of action arising in York County. Rule to set aside service of- summons and to quash writ. Before Swope, P. J. The facts appear by the opinion of the Supreme Court. The court quashed the writ. Plaintiff appealed. Error assigned was in quashing the writ.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

The Western Maryland Railway Company, defendant, is a duly registered foreign corporation; York is its principal place of business in this State, as its registration certificate filed with the secretary of the Commonwealth declares, and its railroad is partially located in York County. The cause of action arose in York, but the suit was brought in Adams County, where the plaintiff avers the defendant “owned or leased and operated a certain railroad” and maintained “an office, depot and place of *206business.” On motion of the defendant, the writ was quashed; the…

2Cases cited10 opinions

  1. Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
  2. Lehigh County v. KlecknerSupreme Court of Pennsylvania · 1843
  3. Hagerman v. Empire Slate Co.Supreme Court of Pennsylvania · 1881
  4. Bailey v. Williamsport & North Branch RailroadSupreme Court of Pennsylvania · 1896
  5. Jensen v. Philadelphia, Morton & Swarthmore Street Railway Co.Supreme Court of Pennsylvania · 1902

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3Cited by19 opinions

  1. Shambe v. Delaware Hudson R. R. Co.Supreme Court of Pennsylvania · 1926
  2. DeHaas v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1918
  3. New v. Robinson-Houchin Optical Co.Supreme Court of Pennsylvania · 1947
  4. Carp v. Ætna Accident & Liability Co.Supreme Court of Pennsylvania · 1919
  5. Openbrier v. General Mills, Inc.Supreme Court of Pennsylvania · 1940

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