Smith v. Union Pac. R.

U.S. District Court

Decided July 1, 1872

U.S. District Court · decided 1872-07-01

The plaintiff is a citizen of the state of Ohio, and brings suit to recover damages for injuries received while coupling cars on defendant’s road, and while in the employ of defendant as a brakeman. The defendant demurred to the complaint on the ground that the court had no jurisdiction of the person of the defendant or of the subject-matter of the action. The demurrer was submitted to Mr. Justice MILDER, at the May term, 1872, and taken .by him under advisement.

Decided 1872-07-01

MILLER, Circuit Justice. •

¶1The act of congress creating the defendant corporation (12 ' Stat. 490) contains this provision: “The • Union Pacific Railroad Company” by “that: name shall have perpetual succession, and. shall be able to sue and to be sued, plead and be impleaded, defend and be defended, in all courts of law and equity within the United States, and may make and have a common seal,” etc., (section 1).

¶2I have examined the previous decisions of the supreme court of the United States supposed to have an important bearing on the •question now presented, and, after reflection, am still of opinion that congress intended to make the defendant capable of suing and being sued in the federal courts which have jurisdiction of the same class of actions between other parties. Demurrer overruled.