Page:Federal Reporter, 1st Series, Volume 8.djvu/472

 458 FEiDllRAL EBPOKTEE. ���Nashua ,<^ Lowell JKaileoad Coecoration and athers v. Boston & LowELL Eailroad Ccepobaiion and others. , (Oircuit C^uri,, p. Massachv^ett». Auguat 27, ISBl.) �1. J0RI8DICTION— ClTIZEUfSHEP— RaILBOiAII'ChABTEBED EST EaCH OF Two STATES. �A railroad corporation which extended into two states, and was original!}' chartered in each state, and subsequently Consolidated by law in botli states, does not thereby lose its separate citizenship in each state, so as to preclude it from maintaining an action in the federal court againat another corpora- tion, created and existing solely under the laws oi one of the two states, where the declaration shows that the plaintifl sejts out its corporate existence as de- rived from the othbr of- said t#6'rtale^. �This bill ^n eqiiity was brought by the Nashua & Lowell R^iilroacl Corporation, which is alleged to be a citizen of New Hampshire, and other citizens of that state, against the Boiston & LuWell Eailroad Corporatii and otheirs, ieitikeiis of Massachusetts. It appearB that the plaintifi corporation is a joint or consolidated corporatioii, operat- iug a oontinapus! line of, railroad, which lies partly in Massachusetts and partly in New Hampshirej and is fotmed by the union of two dis- tinct corporations, each having the saiiae name, chartered under the laws of the two states. The defpodanta filed a plea to the jnrisdic- %n.; It^Sjfj^iS d«uied;iihat thej^ourt had jurisdietion, for therreason that the'auit'does nc^ inyplve a oontroyersy betwelen citizens pi differ- eisut atates, : The, (ju^stion was atgued some tinie since. ■; �i^. ^. JBf(?,#8, for plaintiff, )J. O. AblH)U:eti)i^/§. 'AiB-Ablipti, tox, detendant. ■ Nelson, D. J*, (tfflaJZj/.) : ThiS: Oi^se was argued, at the lastOctober term. of this court, ttpOB jthe plea of the defendant to the jurisdiction of the court and an agr^etoentof the facts. ^ �JudgeJijoweJlj .fi.' Jyj! thea. .to.ok the papers for the purpose of decigfton, but sopn saftejrtWa-rdsdiyas in some way led to suppose that the- caso' had been adj^usted, between the parties, and sO gave it no further consideration. Shoiitlyi before be went abroad he was in- formed; that; the case h^ no,t ibtfen adjnsted, and Le left it with'me fci; determination,, soji^^t: the decision bow to be announced bas been reached by myself alone. ,i .^ .i ■ �The Nashua & Lowell Eailroad Company was separately char- tered under the laws of New Hampshire and Massachusetts, and the two corporations so created were aiterwards consolidated by law in both states. It has been settled by the supreme court of the United States that corporations creuted by different states and afterwarda ��� �