Singleton v. Atlantic Coast Line Railroad

FREEMAN, District Judge.

This is a motion brought by the defendant, The Atlantic Coast Line Railroad Company, under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A. to quash service of process and dismiss the present action which arises out of a railroad crossing accident in Sumter, South Carolina, involving the plaintiff’s decedent and one of defendant’s railroad trains.

The plaintiff, a citizen of the State of Michigan, attempted to obtain service upon the defendant in this district by serving a copy of the summons and complaint upon Miss Mary McEvoy, a clerk employed by the…