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Ohio River Contract Co. v. Gordon, 244 U.S. 68 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Ohio River Contract Co. v. Gordon, 244 U.S. 68 (1917)
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Ohio River Contract Company v. Gordon No. 594 Argued April 9, 1917 Decided May 21, 1917 244 U.S. 68
ERROR TO THE COURT OF APPEALS
OF THE STATE OF KENTUCKY
Syllabus
The fact that personal injuries sued for occurred while plaintiff was employed on work which defendant was performing under contract with the United States does not prevent a state court from entertaining the action.
An Indiana corporation, in constructing a canal for the United States on a federal reservation in Kentucky, carried the excavated materials over a railroad it had built for the purpose to land belonging to another and dumped them there with such owner’s consent. The dump and, in part, the railroad were within Kentucky and outside the reservation. Held that, without regard to whether the jurisdiction over the reservation was exclusively federal, the transport and deposit of the materials beyond its limits was such a doing of business in Kentucky as subjected the corporation to the jurisdiction of the courts of that state in a transitory action.
The corporation was sued in a Kentucky court for injuries suffered by an employee while engaged upon the work within the reservation, a summons being served in the reservation on an agent whom it had designated under the Kentucky law for receiving service of process in case of suit, and an alias summons being served on the agent while off the reservation at his home in Kentucky. Held that if the first service was void upon the ground that jurisdiction over the reservation was exclusively in the United States, the second was good, since the corporation did business in the state outside the reservation.
All action for personal injuries suffered on a reservation under exclusive jurisdiction of the United States, being transitory, may be maintained in a state court which has personal jurisdiction of the defendant.
170 Ky. 412 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Ohio River Contract Co. v. Gordon, 244 U.S. 68 (1917) in 244 U.S. 68 244 U.S. 69. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=SCUC2P7H6X7K7DL.
MLA: U.S. Supreme Court. "Syllabus." Ohio River Contract Co. v. Gordon, 244 U.S. 68 (1917), in 244 U.S. 68, page 244 U.S. 69. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=SCUC2P7H6X7K7DL.
Harvard: U.S. Supreme Court, 'Syllabus' in Ohio River Contract Co. v. Gordon, 244 U.S. 68 (1917). cited in 1917, 244 U.S. 68, pp.244 U.S. 69. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=SCUC2P7H6X7K7DL.
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