E. Bernier & Sons v. Illinois Central Railroad

Appeal from an order of the municipal court of Minneapolis granting defendant’s motion, made on special appearance, to vacate and set aside the attempted service of the summons.

Action to recover for damage to vegetables being transported for plaintiff by defendant from Mitchell, Iowa, to New York City, and alleged to have been caused by defendant’s negligence. The shipment did not move through or into Minnesota.

Plaintiff is a resident of Eamsey county, Minnesota, in which there was no person upon whom the summons herein could have been served. Defendant is a railway corporation, organized…