Legal Opinion

Davis v. Baltimore & O. R.

District Court, D. Massachusetts

Decided February 11, 1919No. 932PublishedCited by 3 opinions

At Law. Action by Earl A. Davis against the Baltimore & Ohio Railroad Company. On plea in abatement.

1Opinion of the Court

MORTON, District Judge.

The plaintiff brought this action at law against the defendant to recover damages for loss of consortium through personal injuries sustained by his wife while a passenger in the defendant’s railroad train in the state of West Virginia. Service was made on “Edwin E. Baekey, New England passenger agent and in charge of its (defendant’s) business at Boston in said district” (marshal’s return). The defendant has appeared specially, and has pleaded (1) that the plaintiff was not a citizen and resident of Massachusetts at the time when suit was brought; and (2) that the…

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. Reynolds v. Missouri, Kansas & Texas Railway Co.Massachusetts Supreme Judicial Court · 1917
  4. American Electric Welding Co. v. Lalance & Grosjean Mfg. Co.District Court, D. Massachusetts · 1917
  5. Walsh v. Atlantic Coast Line R.District Court, D. Massachusetts · 1916

3Cited by3 opinions

  1. Williams v. Campbell Soup Co.District Court, W.D. Missouri · 1948
  2. Graustein v. Rutland R.District Court, D. Massachusetts · 1919
  3. Merchants Elevator Co. v. Chesapeake & Ohio Railway Co.Supreme Court of Minnesota · 1920

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