Constitutional Law - Due Process - Jurisdiction of State Court Over Nonresident Tortfeasor

Cornell, J. Martin

Journal: Michigan Law Review

Volume: 56

First Page: 444

Year: 1958

Bluebook Citation: 56 MICH. L. REV. 444 (1958)

Author: J. Martin Cornell: all 4 publications


Abstract

The defendant, a resident of Wisconsin, was engaged in the business of selling appliances and sent one of his employees to deliver a gas cooking stove to the plaintiff in Illinois. Claiming that the employee had negligently injured him in unloading the stove, the plaintiff brought action in Illinois, seeking damages of $7,500. A summons was personally served on the defendant in Wisconsin, and the defendant appeared specially, moving to quash the summons on the ground that the Illinois statute, providing for extraterritorial service on any person who commits a tortious act within the state, contravened the constitutions of the United States and Illinois. The lower court granted the motion quashing the service of summons.

On appeal, held, reversed. The statute is not unconstitutional in authorizing service outside the state for a single tortious act committed within the state. Nelson v. Miller, (Ill. 1957) 143 N.E. (2d) 673.

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.