Farmers' Co-Op. Equity Co. v. Payne
| Decision Date | 16 December 1921 |
| Docket Number | No. 22361.,22361. |
| Citation | 150 Minn. 534,186 N.W. 130 |
| Court | Minnesota Supreme Court |
| Parties | FARMERS' CO-OP. EQUITY CO. v. PAYNE, Agent. |
OPINION TEXT STARTS HERE
Appeal from Municipal Court of Minneapolis; C. L. Smith, Judge.
Action by the Farmers' Co-operative Equity Company against John Barton Payne, as Agent under the Transportation Act (41 Stat. 456). Judgment for plaintiff, and defendant appeals. Affirmed.Faricy, McMeekin, Quinn & Swan, of St. Paul (Gardner Lathrop and Homer W. Davis, both of Chicago, Ill., of counsel), for appellant.
Alex Kanter, of Minneapolis, for respondent.
The defendant appeals from a judgment rendered by the municipal court of the city of Minneapolis for the loss, while in transit, of a quantity of grain shipped from Isabel, Kan., to Hutchinson, Kan., over the Atchison, Topeka & Santa Fé Railway while under federal control. The railway company neither owns nor operates any line of railway in this state, but maintains, in this state, an agent for the solicitation of freight and passenger traffic over its lines outside of this state. It does no business in this state except to maintain such resident agent and solicit such traffic. The summons and complaint were served on this agent under and pursuant to section 7735 of the General Statutes of 1913, which provides:
‘That any foreign corporation having an agent in this state for the solicitation of freight and passenger traffic or either thereof over its lines outside of this state, may be served with summons by delivering a copy thereof to such agent.'
The defendant rests his appeal on the contention that, in so far as the statute provides that service on a soliciting freight or passenger agent shall confer jurisdiction over a foreign railway company which does no business in this state except to solicit freight and passenger traffic therein for its lines outside of the state, the statute contravenes the federal constitution, and is void. This question has already been determined adversely to defendant by this court in the following cases: Armstrong v. N. Y. C. Ry. Co., 129 Minn. 104, 151 N. W. 917, L. R. A. 1916E, 232, Ann. Cas. 1916E, 335;Lagergren v. Penn. Ry. Co., 130 Minn. 35, 152 N. W. 1102;Rishmiller v. D. & R. G. Ry. Co., 134 Minn. 261, 159 N. W. 272;Merchants' Elev. Co. v. C. & O. Ry. Co., 147 Minn. 188, 179 N. W. 734; and Callahan v. U. P. Ry. Co., 182 N. W. 1004. We recognize that the final decision of this question rests with the Supreme Court of the United States, but as...
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