Michigan Central R. Co. v. MIX, 278 U.S. 492 (1929)

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Michigan Central R. Co. v. Mix

No. 118

Argued January 10, 1929
Decided February 18, 1929
278 U.S. 492

CERTIORARI TO THE SUPREME COURT OF MISSOURI

Syllabus

1. A railroad company engaged in interstate commerce cannot be subjected to an action in a state court entailing a burden upon or an obstruction of its interstate commerce, brought under the Federal Employers’ Liability Act without its consent in a state where the cause of action did not arise and where the company has no railroad and where it has not been admitted to do business and transacts none other than the soliciting of freight for transportation in interstate commerce over its lines in other states. P. 494.

2. The mere fact that the plaintiff acquired a residence in the suit after the cause of action arose and before commencing the action does not take the case out of this rule. P. 495.

3. The railroad company cannot be constrained to try such an action by a rule of local practice making its motion to quash the summons equivalent to a general appearance. P. 495.

4. Filing a petition to remove from state to federal court is not a general appearance. Id.

Reversed.

Certiorari, 277 U.S. 581, to a judgment of the Supreme Court of Missouri denying an application of the Railroad Company praying for a writ of prohibition to enjoin the judges of a lower court from trying an action against the Company brought under the Federal Employers’ Liability Act.