Le Roy & Caney Valley Air Line Railroad v. Sidell
Le Roy & Caney Valley Air Line Railroad v. Sidell
Opinion of the Court
The opinion of the court was delivered by
This proceeding brings up for decision the sufficiency of the service of a summons attempted to be made upon a railway corporation. In
An action was brought against the Le Roy & Caney Valley Air Line Railroad Company in Wilson county upon a judgment against the company previously recovered in New York. A summons was issued, and the sheriff in whose hands it was placed returned that he had served the same by leaving a certified copy thereof at the depot of the company, at Fredonia, with E. E. Munger, who was in charge of it. It was agreed, however, that Munger was not in the employ of the Le Roy & Caney Valley Air Line Railroad Company, but was in the employ of the Missouri Pacific Railway Company, and that he never was in the employ or under the direction and control of the Le Roy & Caney Valley Railroad Company. While the last-named company maintained an organization in the state, it had no officers or agents in Wilson county, and was not in possession of or operating any line of railroad in the state, and was not doing business in the state, unless the mere fact that it was the lessor of the line of railroad, as above set forth, shows that it was doing business in the state. There is a further stipulation that it had never designated any person in Wilson county on whom process could be served.
It is stipulated that the defendant company was not doing business in the state, unless the fact that it was the lessor of the railroad shows that it was doing business. The mere fact that it had executed a lease to another company for a term of forty years and had surrendered the possession of the road and all of its property, and was not engaged in the operation of any railroad in the state, is strong evidence that it was not doing business in the state. Apart from this view, however, we think the statute contemplates that the summons shall be left at a depot or station occupied by the company, and with some person in charge thereof for the company or who is in the employ of the company. Evidently it was the purpose of the legislature that notice of the institution of an action should be brought to the attention of some one connected with the business operations of the company. A summons left at a depot occupied by another company or by a stranger would hardly serve as a notice to the defendant company which had neither possession nor right of possession to the depot or the railroad, and which was not engaged in operating a railroad or any other business within the limits of the state. Reasonable notice is essential to the maintenance of an action, and certainly the legislature did not intend that notice served on one corporation or person should be regarded as notice to a different corporation or person. The words “depot or station
In our view, jurisdiction of the company was not obtained by the service that was made, and therefore the judgment of the district court will be reversed, and the cause remanded with directions to sustain the motion of the defendant to set aside and vacate the service of summons.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.