davis wechsler argued october decided october roy thomson langworthy dean kansas city petitioner hogsett mont prewitt kansas city respondent justice holmes delivered opinion suit personal injuries suffered plaintiff respondent upon chicago great western railroad january road federal control suit brought walker hines director general january circuit jackson county missouri cause action arose another county plaintiff suit brought resided illinois general order ordered suits carriers federal control must brought county district plaintiff resided time accrual cause action county district cause action arose defendant pleaded general denial also without jurisdiction foregoing facts plaintiff replication relied upon invalidity order point decided alabama vicksburg ry journey sup february plaintiff amended john barton payne director general railroads agent designated president transportation act stat substituted agreement successor hines according record defendant entered appearance said cause adopted answer theretofore filed said walker hines defendant disputed stated missouri practice defendant right unite plea jurisdiction defence merits held appeals affirming judgment plaintiff provision general order went venue action waived appearance payne similar effect attributed appearance present petitioner davis place payne writ certiorari denied state opinion judgment must reversed whatever springes state may set endeavoring assert rights state confers assertion federal rights plainly reasonably made defeated name local practice even order went venue jurisdiction director general turn plainly indicated meant adopt position predecessor insist suit brought wrong county lawful insistence evaded attempting distinction appearance substantially contemporaneous adoption plea indeed law requires unite defence merits imports appearance pro hac vice preliminary plea hard understand effect attributed statement appeared state courts may deal think proper local matters treat defeating plain assertion federal right principle general necessary ward love county sup constitution laws enforced accept final decision state tribunal facts alleged give rise right bar assertion even upon local grounds creswill grand lodge knights pythias sup familiar substantive law reasons necessary see local practice shall allowed put unreasonable obstacles way see american ry express levee sup ed decided day transportation act act stat way invalidates defence good passed judgment reversed