Arrow Lumber & Shingle Co. v. Union P. R. Co.

• Decision Date: 22 June 1909
• Citation: 53 Wash. 629,102 P. 650
• Court: Washington Supreme Court
• Parties: ARROW LUMBER & SHINGLE CO. v. UNION PAC. R. CO.

102 P. 650

53 Wash. 629

ARROW LUMBER & SHINGLE CO. v. UNION PAC. R. CO.

Supreme Court of Washington

June 22, 1909

Department 1. Appeal from Superior Court, King County; Mitchell Gilliam Judge.

Action by the Arrow Lumber & Shingle Company against the Union Pacific Railroad Company. From an order quashing the service of summons, plaintiff appeals. Affirmed.

Douglas, Lane & Douglas, for appellant.

W. W Cotton, Arthur C. Spencer, and John P. Hartman, for respondent.

MORRIS J.

The plaintiff below brought this action to recover damages for the improper storage of lumber at Lincoln, Neb. Service was made upon E. E. Ellis at Seattle. The defendant moved to quash the service upon the grounds (1) that the summons was not served upon any agent of the defendant company within the state of Washington; (2) that Ellis was not an agent of defendant; (3) that defendant was a foreign corporation, not doing business within the state of Washington, nor had it complied with the laws of this state governing foreign corporations doing business within this state. Issue being joined upon this motion, a large number of affidavits were presented to the court, resulting in the sustaining of the motion, from which ruling plaintiff appeals.

The salient facts shown by the affidavits are that Ellis is in charge of an office at Seattle, from which advertising matter of the respondent is distributed, and freight and passenger business solicited. Upon the door of this office is the following: 'Union Ticket Office, E. E. Ellis, Gen Agt.' And upon the window appears the advertising design of the respondent, a shield in red, white, and blue, with the words: 'Union Pacific, the Overland Route.' Underneath this shield appears the following: 'Oregon Railroad & Navigation Co.; Oregon Short Line R. R.; Union Pacific R. R.; Southern Pacific Co.' And below are the words: 'Freight and Ticket Office.' Ellis also uses stationery bearing the names of the above companies, with 'E. E. Ellis, General Agent,' printed thereon. Several officers of the above-named railway companies made affidavits showing that Ellis was the agent of the Oregon Railroad & Navigation Company and Southern Pacific Company that respondent company had no interest in the Seattle office or any control over it; that Ellis' salary was paid in whole by the Oregon Railroad & Navigation Company and Southern Pacific; that all freight contracts and tickets were issued by the Oregon Railroad & Navigation Company or Southern Pacific; that no contracts were made on behalf of respondent company; that the tickets sold contained coupons reading over any road east and frequently over the Union Pacific, but that all money collected for tickets was remitted to either the Oregon Railroad & Navigation Company or the Southern Pacific; that respondent was a Utah corporation, neither owning nor operating any railway line within the state of Washington; that Ellis quoted freight and passenger rates and routings over respondent's line as well as other lines connecting with the Oregon Railroad &...