Castle v. Southern Ry. Co.
Supreme Court of South Carolina
Before Moore, J., York, at chambers, January 27, 1919, and February 25, 1919. Action by Oliver Castle against the Southern Railway Company.
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Before Moore, J., York, at chambers, January 27, 1919, and February 25, 1919. Action by Oliver Castle against the Southern Railway Company. From an order refusing to set aside the service of the summons and complaint, defendant appeals. submit: The defendant, Southern Railway Company, claims immunity from suit in this action, because of the provisions of the act of Congress relating to Pederal control of railroads, and General Order No. go and goa of the Director General of Railroads, which were made by said Director General in pursuance of power and authority conferred upon him by the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Ci-iiee Justice'Gary.
This is an appeal from an order refusing to set aside the service of the summons and complaint.
The defendant gave notice of a motion to set aside the service of the summons and complaint, on the grounds that the said corporation is not liable to be sued in this action, and that the alleged agent upon whom the service was made is not an agent of the defendant, but was an agent of the United States government, at the time of the alleged service.
His Honor, the Circuit Judge, ruled, that the plaintiff had the right to bring his…
2Cases cited1 opinion
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- Renno v. Seaboard Air Line RailwaySupreme Court of South Carolina · 1922
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