Boyd v. Blue Ridge Ry. Co.
Boyd v. Blue Ridge Ry. Co.
Opinion of the Court
The opinion of the Court was delivered by
This action was brought in the county of Greenville against Blue Ridge Railway Company for damages for personal injuries which the plaintiff, James R. Boyd, alleged he had suffered from the grossly negligent, reckless and wilful conduct of the defendant’s employees, while a passenger on one of its trains. The plaintiff recovered judgment and defendant appeals.
“1. The Blue Ridge Railroad runs from Anderson to Walhalla, and lies wholly within the counties of Anderson and Oconee.
“2. In the counties of Anderson and Oconee the company maintains public offices for the transaction of its business, and has there agents upon whom process may be served.
“3. The ‘principal place of business of the corporation’ is designated in the charter (XXIII. Stat., 1297), at Anderson, S. C.
“4. H. C. Beattie is president of the company, lives at Greenville, and has his office as president there.
“5. A. H. Wells is assistant auditor of the company, lives at Greenville, and has his office as assistant auditor there; the auditor lives at Washington; the secretary at Raleigh, N. C.
“6. The accident occurred in Anderson County.”
Appellant contends, first, on authority of Tobin v. Rail *328 road Co., 47 S. C., 390, 25 S. E., 283, that a railroad company can be sued only in the county where its road is located, and where it maintains a public office for the transaction of its business, and an agent upon whom process may be served; and second, that even if it may be sued as a resident of a county where it has its principal place of business, such place of business in this instance is not in Greenville County, where the suit was brought. On the first proposition, it is manifest from the language used by Associate Justice Jones in the case above cited, the Court did not entertain the opinion that a railroad corporation is not a resident of the county where it has its principal office, but, on the contrary, the view of the Court was that it is not only a resident of that county, but also of any county where its line is located, and where it maintains a public office and an agent for the transaction of business. The case of Galveston R. R. Co. v. Gonzales, 151 U. S., 496, and other like cases referred to in the opinion, were not followed, because they hold that a railroad company is not a resident of a county through which it operates its line and maintains an office and an agent, but only of the county where it has its principal place of business. The Court adopted the view taken in Glaze v. R. R. Co., 1 Strob., 70, that the residence of a corporation is not confined to the locality of its principal place of business. So far as we can discover, the authorities all agree that a corporation is regarded a resident of the place where it has its principal place of business, and may be sued there.
In considering whether the defendant had its principal place of business in Greenville County, the Court has before it only the above stated admissions. The charter of the corporation states, “the principal place of business of the corporation will be Anderson, in the State of South Carolina.” There is no evidence whatever that its main office has been established at Anderson, and we have no right to assume this as a fact. The president and assistant auditor seem to be the only important officers of the company doing business for it in this State, and they both reside in Greenville, and have *329 their offices there. In the absence of any proof as to any other locality being the principal place of business, we are obliged to regard it the place where these offices are. Certainly the Court cannot as a matter of law assume the office of the president is not the principal office of the corporation. The presumption is that the president is the general agent of the company, having the principal direction of its affairs. Thompson on Corporations, sec. 4618. It is not necessary, therefore, to decide the question whether a railroad company may not be regarded a resident of any county where it maintains a permanent office for the transaction of the business of the corporation, even though it is not the principal place of business and none of its line be operated in the county; for with the facts before the Court we are obliged to consider the main office of Blue Ridge Railway Company at Green-ville.
The judgment of this Court is, that the judgment of the Circuit Court be affirmed.
Submitted on printed briefs. R.
Reference
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- Syllabus
- 1. Jurisdiction — Railroads.—The Court of the county in which the president and the assistant auditor of a railroad company have their offices has jurisdiction of the corporation, in absence of proof that its principal place of business has been established elsewhere, although it has no track within that county, and the charter says its principal place of business shall be in another city. 2. Punitive Damages may be awarded for gross negligence and recklessness so great as to imply wilfulness. 3. Charge — Illustration.—It is proper to use a hypothetical illustration in a charge, if it contain no statement of facts in case and no opinion of Judge thereon.