The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 47
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WALSH V. ATLANTIC COAST I4I)E R. CO. 4
lhoSbW mind at ,the -time was admittedly distracted-by other things,
especially considering the,'dista~ce they were away, and their liability
to have misunderstood or confused the signal, indicating the tack on,
which the schooner was, with that of fog signals then being sounded.
This conclusion, as conceded by the respondent, the Ontario, effectually
disposes of the'case.'
 14oreover-, the steamship was the.burdened vessel, and there was
imposed on her the obligation to avoid collision, as well as' the risk
of collision with this schooner. She admits seeing the' latter's lights
half a mile off, and had heard its signals for a short time before; and
she cannot escape liability under those circumstances, while navigat-
ing in a fog at the speed she admits she was going. There'tis no dis-
pute as the prevalence of the fog, nor that the sailing vessel, whose
fog signals had 'been heard, was ahead enveloped therein; and where
the steamship navigated at such speed as not to be able to avoid haz-
ards from a vessel hidden in the fog, arising either from eccentrici-
ties of navigation or misunderstanding' of signals, as seems to have
been the case here, she cannot avoid the consequences of her conduct.
She not only had warning and knowledge of the presence of the schoon-
er, but actually discovered its lights when half a mile away, and, had
she then been proceeding at the moderate rate of speed contemplated
by law, she doubtless would have avoided the disaster, which she was
unable to do at the high rate of speed she was maintaining.
It follows, 'from what has been said, that the Ontario is solely re-
sponsible for the collision, and a decree so holding will be entered on
WALSH v. ATLANTIC COAST LINE R. CO. (two cases).
(District Court, D. Massachusetts. February 19, 1916.)
Nos. 679, 680.
1. COURTS "D274--FOREIGN CORPORATION-JURISDICTION OF SUIT AGAINST-
"DOING BUSINEss" IN STATE.
A Virginia railroad company with lines in the Southern States, but
maintaining an office in Boston, for which it paid a substantial rent,
with an office force in charge of a salaried agent, advertised as its New
England agent, through which office it solicited business and arranged
for transportation of passengers and freight over its lines, held to be
"doing business" within the district of Massachusetts, and subject to suit
there on a claim for injury to a passenger.
[Ed. Note.-For other definitions, see Words and Phrases, First and
Second Series, Doing Business.]
2. CouRTs = 344-PBOCESS-SUFFICIENCY OF SERVICE-FOREIGN CORPORA-
Where a foreign corporation is doing business within the district, serv-
ice upon it which would be good under the state law is sufficient in the
3. CORPORATIONS ~O68(4)-SuFFICIENCY OF SERVICE-PFoREIGN CORPORATIONS.
Under St. Mass. 1913, c. 257, where a foreign corporation doing business
in the state has a usual place of business there, service in an action
against it may be made upon the person in charge.
4::nFor other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/61/: accessed May 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.