Empire Refineries, Inc. v. Atchison, T. & S. F. Ry. Co.

Opinion by

LYONS, O.

The plaintiff brought suit against the defendant carrier to recover damages for failure to deliver merchandise. The cause of action on which the suit was based arose in 191T, prior to 'the federal control of railways. The suit was instituted during federal control of railways.

The return of service in the instant case discloses that the sheriff made service of summons upon the managing agent of the corporation, F. E. Dearth, who, in additiou to -being the managing agent, -was “in charge of the business and books of such corporation, and -of the office of said corporation”.…