This was an action brought November 1, 1894, in the circuit court of the United States for the Southern district of New York by Michael Kane against the Barrow Steamship Company, Limited.
The complaint alleged that the plaintiff was a citizen of New Jersey, and resided at Newark, in that state, and that 'the defendant is a corporation organized and incorporated under the laws of the kingdom of Great Britain, and is the owner of a certain steamship, known as the 'Devonia,'a nd is, and was at the time hereinafter mentioned, a common carrier of passengers, and engaged in the business of transportation of freight and passengers upon said steamship Devonia, and other steamers, among other places, from Londonderry, Ireland, to the city of New York, and has offices and property in the said city of New York, and its general agents therein, managing the affairs of the said company within said city, and is a resident and inhabitant of the city of New York, and the Southern district of New York, within the meaning of the statute in such case made and provided'; that 'the said defendant operates its business, or part thereof, in and under the name, and as part of, the Anchor Line, and its said business is in whole or in part done under that name, and its steamers, including the said Devonia, belong to what is known as the 'Anchor Line Steamships'; that the general managers of said business in the city of New York are the firm of Henderson Bros., who are the general agents of said defendant, and the officers of said defendant company and said agents are at No. 7 Bowling Green, and pier 54 North river, in said city; that on or about September 13, 1893, the plaintiff purchased and paid for a ticket as a passenger for transportation by defendant from Londonderry, in Ireland, kingdom of Great Britain, to the city of New York, on the steamship Devonia, belonging to said defendant, and the said defendant received the said plaintiff as a passenger, and undertook and promised to transport the said plaintiff from said Londonderry to New York with due care, and to do all those things necessary and required for the safe transportation of the said plaintiff to and from said points, and it became and was its duty, and it became bound, to protect and save harmless the said plaintiff from any injury or harm from its agents or servants employed in its business;' and that 'for the purpose of transporting passengers over part of the voyage, viz. from Londonderry to the steamship Devonia, lying in the harbor, the said defendant used a certain tender; that said plaintiff, being a passenger on said tender in pursuance of the obligation and promise aforesaid, the same being part of the transportation to New York, was violently, on or about September 14, 1893, assaulted and maltreated, without just cause or excuse, and wrongfully and unlaw fully, by servants or agents of said defendant on said tender,' as particularly stated in the complaint, and thereby suffered damages to the extent of $20,000.
To this complaint the defendant filed the following appearance and demurrer: 'The defendant above named, appearing specially by Henry T. Wing and Harrington Putnam, as its attorneys, specially, only for the purpose hereof, as stated in its special appearance, noted herein, demurs to the complaint herein for the special purpose, and no other, until the questions herein raised have been decided, of objecting to the jurisdiction of this court, demurring and excepting to the complaint, because it appears upon the face thereof of that the court has not jurisdiction of the person of the defendant, nor of the subject-matter of the action, for the reason that neither the defendant nor the plaintiff is an inhabitant or resident of the Southern district of New York, and the action, therefore, cannot be maintained therein, and that the defendant is a foreign corporation, and the cause of action did not arise within the state of New York. Wherefore defendant prays judgment whether this court has jurisdiction, and asks that the complaint be dismissed, with costs; but, should the court overrule this demurrer and exception, the defendant then asks time and leave to answer to the merits, though excepting to the action of the court in overruling said demurrer.'
The court overruled the demurrer, with liberty to answer the complaint. The defendant thereupon answered, and the case went to trial.