Legal Opinion

Maxwell v. Atchison, T. & S. F. R. Co.

U.S. Circuit Court for the District of Eastern Michigan

Decided March 19, 1888PublishedCited by 22 opinions

At Law. On demurrer to replication. This was an action of trespass upon the case to recover damages for the alleged expulsion of the plaintiff from one of defendant’s passenger cars within the state of Kansas. Plaintiff, who is a resident and citizen of this county, bought from the Wabash Company, in Detroit, a ticket for Denver, Colo., and return.

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At Law. On demurrer to replication. This was an action of trespass upon the case to recover damages for the alleged expulsion of the plaintiff from one of defendant’s passenger cars within the state of Kansas. Plaintiff, who is a resident and citizen of this county, bought from the Wabash Company, in Detroit, a ticket for Denver, Colo., and return. This ticket was composed of several coupons, one of which entitled him to be transported over the railroad of the defendant in the state of Kansas. His expulsion took place on his return from Denver. Defendant pleaded to the jurisdiction of the…

1Opinion of the Court

Brown, J.,

(after stating the facts as above.') Two questions are presented by the pleadings in this case: First, whether Gillman was such a representative or agent of the defendant company that such company can lie said to be “found” within this district, within the meaning of the act of congress; second, whether this court has jurisdiction of an action for a trespass committed upon the plaintiff in another state. The defendant is a corporation organized under the laws of Kansas, and its several lines of railway run westward from the Missouri river. It was represented in Detroit by one…

2Cases cited10 opinions

  1. St. Clair v. CoxSupreme Court of the United States · 1882
  2. Ex Parte SchollenbergerSupreme Court of the United States · 1878
  3. Railroad Company v. HarrisSupreme Court of the United States · 1871
  4. Gordon v. LongestSupreme Court of the United States · 1842
  5. Williams v. NottawaSupreme Court of the United States · 1881

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

3Cited by22 opinions

  1. Vicksburg, Shreveport & Pacific Ry. v. DeBowSupreme Court of Georgia · 1919
  2. Empire Fuel Co. v. LyonsCourt of Appeals for the Sixth Circuit · 1919
  3. Frawley, Bundy & Wilcox v. Pennsylvania Casualty Co.U.S. Circuit Court for the District of Middle Pennsylvania · 1903
  4. Bank of Arapahoe v. David Bradley & Co.Court of Appeals for the Eighth Circuit · 1896
  5. Louden Machinery Co. v. American Malleable Iron Co.U.S. Circuit Court for the Southern District of Iowa · 1904

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

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