Green v. Chicago, B. & Q. Ry. Co.,
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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
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. 767 affirmed.
The facts are stated in the opinion.