GREEN V. CHICAGO, B. & Q. RY. CO., 205 U. S. 530 (1907)

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U.S. Supreme Court

Green v. Chicago, B. & Q. Ry. Co., 205 U.S. 530 (1907)

Green v. Chicago, Burlington & Quincy Railway Company

No. 435

Submitted April 8, 1907

Decided April 29, 1907

205 U.S. 530


While, in case of diverse citizenship, the suit may be brought in the circuit court for the district of the residence of either party, there must be service within the district, and if the defendant is a nonresident corporation, service can only be made upon it if it is doing business in that district in such a manner, and to such an extent as to warrant the inference that it is present there through its agent.

A railroad company which has no tracks within the district is not doing business therein in the sense that liability for service is incurred because it hires an office and employs an agent for the merely incidental business of solicitation of freight and passenger traffic.

147 F.7d 7 affirmed.

The facts are stated in the opinion.

Page 205 U. S. 531

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