Harmon v. Southern Railway Co.
Supreme Court of South Carolina
Action by T. L. Harmon against the Southern Railway Company. Prom an order refusing to set aside a service of summons, the defendant appeals. submits: The lines of the Southern Railway Company are controlled and operated by the Director General of Railroads, and, even if the company did not have immunity from suit during government control, service of the summons upon an employee of the government is invalid in an action against this defendant: General Order No. 50; 99 S. E.…
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Action by T. L. Harmon against the Southern Railway Company. Prom an order refusing to set aside a service of summons, the defendant appeals. submits: The lines of the Southern Railway Company are controlled and operated by the Director General of Railroads, and, even if the company did not have immunity from suit during government control, service of the summons upon an employee of the government is invalid in an action against this defendant: General Order No. 50; 99 S. E. 846; Northern Pacific .Railway Co ', v. State of North Dakota, 249 U. S. —; 63 E. Ed. ■ — ■; General Order No, 8,…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Watts.
This is an appeal from an order of Judge Mauldin in refusing to set aside the service of summons.
The exception alleges that “It was error not to set aside «the service of the summons on the ground that at the time of the attempted service the defendant was not operating the railroad from Columbia to Augusta, and was not maintaining an agency at Eexington, but that the Southern Railway System was under the control and direction of the Director General of Railroads, and the service upon his agent was invalid as to this defendant, and…
2Cases cited1 opinion
- Jackson-Tweed Lumber Co. v. Southern Ry. Co.Supreme Court of South Carolina · 1920
3Cited by1 opinion
- Rose v. Southern Railway Co.Supreme Court of South Carolina · 1920