U.S. Circuit Court for the District of Southern New York, 1909

Cafasso v. Philadelphia & R. Ry. Co.

Cafasso v. Philadelphia & R. Ry. Co.
U.S. Circuit Court for the District of Southern New York · Decided February 27, 1909 · Noyes
169 F. 887; 1909 U.S. App. LEXIS 5484
Cafasso v. Philadelphia & R. Ry. Co.

Opinion of the Court

NOYES, Circuit Judge.

In my opinion a railroad company, whose railroad is not within the state of New York, but which operates its tugs, boats, and barges in the waters of said state, and delivers coal to piers within said state, is “doing business” therein, and subject therein to the service of process.

The motion to set aside the service of the summons and complaint, and to dismiss the action for want of jurisdiction, is denied.

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