Hayes v. Seaboard Air Line Ry.
| Decision Date | 27 May 1914 |
| Docket Number | 8859. |
| Citation | 81 S.E. 1102,98 S.C. 6 |
| Parties | HAYES v. SEABOARD AIR LINE RY. ET AL. |
| Court | South Carolina Supreme Court |
Appeal from Common Pleas Circuit Court of Lexington County; T. H. Spain, Judge.
Action by Rosanna Hayes, administratrix, against the Seaboard Air Line Railway and another. From an order transferring the case from Lexington county to Bamberg county for trial, plaintiff appeals. Reversed.
Melton & Sturkie, of Columbia, and Thurmond, Timmerman & Callison, of Lexington, for appellant.
Lyles & Lyles, of Columbia, and C. M. Efird, of Lexington, for respondents.
The appeal herein is from an order transferring this case from Lexington county to Bamberg county, on the ground that the defendant Seaboard Air Line Railway is a foreign corporation, while the defendant P. L. Bean is not a resident of Lexington county, but is a resident of Bamberg county.
The complaint alleges, and it is not denied, that the defendant Seaboard Air Line Railway is a foreign corporation doing business as a common carrier, and owns a line of railway running through the county of Lexington, and that it maintains offices and agents in the county of Lexington for the transaction of its business as a common carrier. Section 174 of the Code provides that:
"If there be more than one defendant, then the action may be tried in any county in which one or more of the defendants to such action resides at the time of the commencement of the action ."
The case of Rafield v. Railway, 86 S.C. 324, 68 S.E. 631, shows that the defendant Seaboard Air Line Railway was a resident of Lexington county, and that his honor the circuit judge therefore erred in ordering the case to be transferred to Bamberg county.
The presiding judge based his ruling upon the case of Barfield v. Railway, 87 S.C. 322, 69 S.E. 603. In that case, however, it was not made to appear that either of the defendants was a resident of Lexington county, from which the case was transferred to Richland county, where both defendants resided.
Reversed.
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