VENUE--WAIVER OF OBJECTION IN FEDERAL COURTS

Authors

Abstract

The plaintiff, a fireman for the defendant railroad, was injured by a defective "chafing-block" while engaged in switching cars onto a siding, in order to permit an interstate train to pass. The injury took place in West Virginia, where the plaintiff was a resident. The defendant was incorporated under the laws of Maryland. Suit was brought in the federal court of the northern district of Ohio. The plaintiff based his right to recover on the Federal Employers' Liability Act, 45 U. S. C. A. sec. 51-59, and the Federal Boiler Inspection Act, 45 U. S. C. A. sec. 22 et seq. The defendant specially denied that when the plaintiff was injured he was engaged in interstate commerce, and generally denied all other allegations. On appeal it was held that switching service of an intrastate train was too remote to be considered a part of interstate commerce and for that reason the case was dismissed for lack of "territorial jurisdiction." Rice v. Baltimore and Ohio Railroad Co. (C. C. A. 6th circuit 1930) 42 F. (2d) 387.

Recommended Citation

VENUE--WAIVER OF OBJECTION IN FEDERAL COURTS, 29 Mich. L. Rev. 265 (1930).
Available at: https://repository.law.umich.edu/mlr/vol29/iss2/35