Stanley Forman Reed

“ The District Courts have consistently ruled that the appointment of an agent for service of process by driving on state highways is a waiver of federal venue. [2]
I see no difference of substance between the signing of a paper under the New York statute upon which Neirbo is based and the acceptance, by action in driving a motor car, of the privilege of using state highways under the Kentucky statute. In each case there was no federal venue except by waiver and consent. Both the Neirbo Corporation and this out-of-state motorist, in my opinion, waived objection to federal venue. ”

“ From the opinion I would assume that a corporation not doing business in a state but causing a car to be driven therein would be immune from suits for torts in the federal courts in that state. The decision bars a non-resident injured party from seeking damages, on allegation of diversity, from a nonresident motor operator or owner in the United States District Court having jurisdiction over the place of the accident in which the motor vehicle is involved. ”

“ We have upheld the constitutional power of the states to compel redress of wrongs, through the use of the automobile, at the place of their happening. It is done through the consent of the party benefiting from his privilege to use the highways of the state. ”