Fry

[1] The action was commenced in a state court against the defendant, sued as a Colorado corporation, to recover damages for personal injuries alleged! to have been suffered by plaintiff at Pueblo, Colo., while a passenger on defendant’s railroad, through the defendant’s negligence; it being alleged as a basis oE maintaining the action in this state that, at the date of the injury, the defendant was and now is “doing business” therein. The de<-feiulaut removed the cause to this court for diversity of citizenship, and has now interposed a demurrer challenging the jurisdiction of the court; the objection being that the complaint does not state facts constituting a cause of action as to which the defendant is required to answer in the courts of this state.

The ohj action gives rise to the question whether an action, although transitory in character, may, against the objection of the defendant, *894 be maintained in the courts of a state other than that in which the cause of action arose or the defendant resides, against a corporation nonresident of the state where sued, notwithstanding it may be doing business therein, unless it appear that the cause of. action counted upon arises…