Rose v. Southern Railway Co.
Supreme Court of South Carolina
Before Wilson, J., at chambers, January, 1920. Action by Seaborn Rose against Southern Railway Company and Walker D. Hines, Director General-of Railroads.
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Before Wilson, J., at chambers, January, 1920. Action by Seaborn Rose against Southern Railway Company and Walker D. Hines, Director General-of Railroads. Motion by Southern Railway Company to set aside the summons as to it, and upon refusal of motion, the railway company appealed. cite: Operation of railroads by the government in their own names did not confer on operating officials a dual capacity: 112 S. C. 407; 99 S. E. 846; 101 S. E. 926. Suit should have been against Director General exclusively: 112 S. C. 407; 99 S. E. 846; 101 S. E. 924; 101 S. E. 926; G. O. No. 50.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Jhstice Watts.
This is an appeal from an order of his Honor, Judge Wil son, refusing to set aside the service of summons and com plaint made upon the Southern Railway Company.
The exceptions raise the issues:
“Is the defendant, Southern Railway Company, liable to be sued in this action, or should the action be brought exclu sively against the Director General of Railroads ?”
“Was J. A. McClure, at the time of the service of the-' summons and complaint upon him, an agent or employee of Southern Railway Company, or was he at such time an agent solely and…
2Cases cited4 opinions
- Castle v. Southern Ry. Co.Supreme Court of South Carolina · 1919
- Jackson-Tweed Lumber Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1920
- Grant v. Director General of RailroadsSupreme Court of South Carolina · 1920
- Harmon v. Southern Railway Co.Supreme Court of South Carolina · 1920