Eline v. Western Maryland Railway Co.

Citations

• 253 Pa. 204
• 97 A. 1076
• 1916 Pa. LEXIS 809

Syllabus

<p>Corporations — Foreign corporation — Jurisdiction—Proper county — Acts of June 8, 1911, P. L. 710, and April 8, 1861, P. L. 868, Section 6 — Practice, C. P.</p> <p>1. The courts of a county where a summons in trespass for personal injuries is issued have jurisdiction against a duly registered foreign corporation if its headquarters are located and the cause of action arose in another county, the defendant having an office, depot and place of business in the first county, and its railroad being located and operated in both.</p> <p>2. The right to maintain an action against a foreign corporation in a county where it transacts business but other than that in which it has its headquarters or transacts its principal business, and other than that in which the cause of action arose, is conferred by Section 6 of the Act of April 8, 1851, P. L. 353, providing that “When any......corporation shall have an agency or transact any business in any county in this Commonwealth, it shall and may be lawful to institute and commence an action against such...... corporation in such county;” and such right is not affected by the provision of the Act of June 8,1911, P. L. 710, that process against foreign corporations registered in Pennsylvania “may be issued by any court.......having jurisdiction of the subject-matter in controversy in any county of the Commonwealth in which such corporation shall have its principal place of business, or any such county in which the action arose.” The use of the word “may” in the latter act is not mandatory.</p>