Hireen

Hireen v. Interstate Transit Lines

Good Law
52 F.2d 182·1931 U.S. Dist. LEXIS 1613
United States District Court, Northern District of CaliforniaJuly 31, 1931No. 18966California1,033 words

Opinion

Lead Opinion

Kerrigan, J.

The complaint in this ease is filed by a resident plaintiff against a nonresident corporation which is regularly doing business in this state and which has designated an agent upon whom process may be served in accordance with state law. The action is for damages „for personal injuries suffered as the result of the alleged negligent operation of one of the defendant’s busses engaged in interstate traffic while in the state of Nebraska The suit was brought in the superior court of California and was removed to the federal court on the ground of diversity of citizenship of the parties. The defendant has demurred to the complaint on the grounds that the court has no jurisdiction of the person of the defendant or of the subject-matter of the action, and has moved to dismiss the action upon the same grounds with the additional ground that the maintenance of the defense in this state would be a burden upon interstate commerce. The defendant contends that since this cause of action arose outside of California and did not arise out of business transacted within the state, this court has no jurisdiction.

I do not believe that the objection to the jurisdiction is good under the facts…

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