Harmon v. Hines
Decision Date | 26 January 1920 |
Docket Number | 10350. |
Citation | 101 S.E. 925,113 S.C. 179 |
Parties | HARMON v. HINES, DIRECTOR GENERAL OF RAILROADS. |
Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Lexington County; T. J Mauldin, Judge.
Action by T. L. Harmon against Walker D. Hines, Director General of Railroads. From an order overruling motion to set aside service, defendant appeals. Reversed.
Timmerman Graham & Callisin, of Lexington, for appellant.
Geo. B Cromer, of Newberry, for respondent.
The exceptions must be sustained, as General Orders No. 50 and No. 50a require service of process to be "made upon operating officials operating for the Director General of Railroads the railroads or other carrier in respect of which the cause of action arises."
A review of the act of Congress, the proclamation of the President, and the general orders of the Director General shows no intention on the part of the government to destroy the identity and integrity of the several railway systems. The control of the government is absolute; yet the identity of each system is retained for the operating and accounting. The service on the agent of the Southern was not a good service. Service should have been made upon an agent in control of the railroad in respect of which the cause of action arose. Service cannot be made on any agent of any road over which the Director General has assumed control, but only upon an official operating the railroad in respect to which the cause of action arose.
Judgment...
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Payne v. Lyon
... ... 226), and defendant brings certiorari ... Reversed ... Charles ... P. Lyon brought suit against Walker D. Hines, as Director ... General of Railroads, the Louisville & Nashville Railroad ... Company, and the Western & Atlantic Railroad Company. These ... Smith v. Babcock & Wilcox Co. (D. C.) 260 F. 679; Davis v. Dantzler ... Lumber Co., 126 Miss. 812, 89 So. 148; Harmon v ... Hines, 113 S.C. 179, 101 S.E. 925; Payne v. Coleman ... (Tex. Civ. App.) 232 S.W. 537; Payne v. Monroe, ... 28 Ga.App. 6, 110 S.E. 34. The ... ...
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