Legal Opinion

Hillary v. Great Northern Railway Co.

Supreme Court of Minnesota

Decided May 11, 1896No. Nos. 9588-(68)PublishedCited by 5 opinions

Action in the district court for Hennepin county. Defendant appeared specially, and moved for an order setting aside the service of the summons and complaint. From an order, Jamison, J., denying its motion, plaintiff appealed.

1Opinion of the CourtMitchell, J.

The only question in this case is whether the ticket agent in what is known as the “Union Depot” at Minneapolis was “an acting ticket agent” of the defendant, within the meaning of G-. S. 1894, § 5202, providing for the service of process in civil actions upon railroad companies.

The facts, as distinguished from mere legal inferences, are practically undisputed, and are quite fairly and fully stated in the memorandum of the trial judge. They may be summarized as follows : The Union Depot is owned and operated by the Minneapolis Union Railway Company. A number of lines of railway, including…

2Cases cited5 opinions

  1. Union Pac. Ry. Co. v. NovakCourt of Appeals for the Ninth Circuit · 1894
  2. Georgia Southern Railroad v. BigelowSupreme Court of Georgia · 1881
  3. State v. Northwestern Endowment & Legacy Ass'nWisconsin Supreme Court · 1885
  4. Van Dresser v. Oregon Ry. & Nav. Co.U.S. Circuit Court for the District of Washington · 1891
  5. Norton v. Atchison, T. & S. F. R.District Court, S.D. California · 1894

3Cited by5 opinions

  1. Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
  2. Smith v. Tennessee Coach Co.Tennessee Supreme Court · 1946
  3. Curran v. NashSupreme Court of Minnesota · 1947
  4. Kunz v. LowdenCourt of Appeals for the Tenth Circuit · 1942
  5. Slaughter v. Canadian Pacific Railway Co.Supreme Court of Minnesota · 1908

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