Olberding, Doing Business As Vess Transfer Co., et al. v. Illinois Central Railroad Co., Inc. (346 U.S. 338)
U.S. Supreme Court · decided November 9, 1953 · Supreme Court Database (Spaeth)
- Citation
- 346 U.S. 338 · 74 S. Ct. 83
- Decided
- November 9, 1953
- Term
- October Term 1953
- Vote
- 7–2
- Majority author
- Justice Frankfurter
- Issue area
- Judicial Power
- Disposition
- Reversed
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Frankfurter delivered the opinion of the Court. For present purposes the facts may be briefly stated. The railroad brought suit in the United States District Court for the Western District of Kentucky against Ol-berding, the owner of a truck, which, while on temporary business in Kentucky, collided with an overpass of the railroad, causing a subsequent derailment. Jurisdiction was based on diversity of citizenship, plaintiff being an Illinois corporation and Olberding a citizen of Indiana. Olberding was apprised of the action through service of process on the Secretary of State in Frankfort, Kentucky, according to the Kentucky Non-resident Motorist Statute. He entered a special appearance and moved that the case be dismissed on the ground of improper venue. The motion was overruled and the case went to trial, resulting in a verdict for the plaintiff. The Court of Appeals for the Sixth Circuit affirmed, 201 F. 2d 582. Its ruling on venue, in the situation here presented, is in direct conflict with that of the First Circuit in Martin v. Fischbach Trucking Co., 183 F. 2d 53, with which the Third Circuit has recently agreed, McCoy v. Siler, 205 F. 2d 498. To resolve the conflict, we granted certiorari. 345 U. S. 950. This is a horse soon curried. Congress, in conferring jurisdiction on the district courts in cases based solely on diversity of citizenship, has been…
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