Jackson-Tweed Lumber Co. v. Southern Ry. Co.
Supreme Court of South Carolina
Action by the Jackson-Tweed Lumber Company against the Southern Railway Company. From an order refusing its motion to set aside the service of the summons and complaint, defendant appeals. submit:' T. A. McClure, upon whom service of summons and complaint was had in this action, was not at the time of such service an officer, agent or employee of the corporation, Southern Railway Company, but, on the contrary, was at such time the agent, solely and only, of the United States…
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Action by the Jackson-Tweed Lumber Company against the Southern Railway Company. From an order refusing its motion to set aside the service of the summons and complaint, defendant appeals. submit:' T. A. McClure, upon whom service of summons and complaint was had in this action, was not at the time of such service an officer, agent or employee of the corporation, Southern Railway Company, but, on the contrary, was at such time the agent, solely and only, of the United States Government, acting through the Director General of Railroads: Castle v. Southern Railway Company, 99 S. E. 846; General…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydricic.
Defendant appeals from an order of the Circuit Court refusing its motion to set aside the service of the summons and complaint herein. The motion was made on two grounds: (1) That the person served was not the agent of defendant, but' the agent of the Director General operating the railroads under Federal control; and (2) that the causes of action arose out of the operation of defendant’s railroad by the Director General, and, therefore, defendant is not liable.
It is alleged in the complaint that in December, 1918, plaintiff…
2Cases cited2 opinions
- Castle v. Southern Ry. Co.Supreme Court of South Carolina · 1919
- Smith v. Atlantic Coast Line R. Co.Supreme Court of South Carolina · 1919
3Cited by6 opinions
- Hines v. GravinsSupreme Court of Virginia · 1922
- Page v. PayneSupreme Court of Missouri · 1922
- Harmon v. Southern Railway Co.Supreme Court of South Carolina · 1920
- Payne v. Domestic Electric Co.Supreme Court of Georgia · 1922
- Rose v. Southern Railway Co.Supreme Court of South Carolina · 1920
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