New York Court of Appeals

James H. Murnan, Respondent v. Wabash Railway Company, Appellant

October 18, 1927246 N.Y. 244

Summary

The New York Court of Appeals held that New York courts retain discretion to decline jurisdiction in actions brought under the Federal Employers' Liability Act by a nonresident against a foreign railroad corporation doing business in the state, and that the defendant's motion to vacate service of process should not have been granted as a matter of law. The appellate order was reversed and the case remanded for a discretionary review of the service order.