Wright v. . R. R.

Clark, O. J.

The exception for the refusal of the nonsuit is based upon the ground that the summons is entitled “Joseph M. Wright v. James C. Davis, director general and agent of the Chesapeake and Ohio Railroad Company, and the Pullman Company.”

Tce summons was returned as having been served on “0. F. York, agent of the Pullman Company” which was at that time, as the complaint alleges, being operated by the U. S. Government together with the C. & C. R. R. Co., through James C. Davis, agent, appointed by the government under tbe “Transportation Act,” ratified 28 February, 1920, wbicb authorized…