Commentaries On the Law of Negligence in All Relations, Including a Complete Revision of the Author's Previous Works On the Same Subject

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v. Solomon, Ga. 323.
23 Ind. 534; Evansville &c. R. Co. "Toledo &c. R. Co. v. Milligan, 52 V. Epperson, 59 Ind. 438; St. Louis Ind. 506.
&c. R. Co. V. Byron, 24 Kan. 350; ,^. "^ Jeffersonville &c. R. Co. v. Bre- Kansas City &c. R. Co. v. Burge, 40 voort, 30 Ind. 325; Toledo &c. R. Co.
Kan. 734; s. c. 19 Pac. Rep. 719; v. Tilton, 27 Ind. 71; Indianapolis Briggs v. St. Louis &c. R. Co., Ill &c. R. Co. v. Elliott, 20 Ind. 430; Mo. 168; s. c. 20 S. W. Rep. 32; Indianapolis &c. R. Co. v. Kercheval,
...Backenstoe v. Wabash &c. R. Co., 24 Ind. 139.
23 Mo. App. 148. »°Acts 1853, p. 113; 2 Gavin & Hord Stat. Ind. 62, note.
762 REMEDIES AND PROCEDURE IN THESE CASES. [2d Ed.
quired, and service as provided for in the Code in other cases is good.^^ Nor is the provision for such service unconstitutional because en- acted by the Legislature subsequently to the incorporation of the company. Such a law pertains to the remedy, and impairs no con- tract.°* But such service is confined to railroad corporations, and was early held insufficient to bring into court individuals who were operating the road at the time of the injury, as lessees, in whose em- ploy the conductor was at the time of service.^' Later, the statute was amended by making "lessees, assignees, receivers, and other per- sons running or controlling any railroad," liable for stock killed, etc.^" The court held, under this statute, that a company whose road was in the hands of a receiver might be sued by service had upon a conductor, although the latter was employed by the receiver, and the company had nothing to do with him.''^ The authority of this decision, how- ever, is subject to grave doubts.^^ Under the Missouri law, the service of the summons issued by a justice of the peace is properly made upon a station agenf^ Subdivision 2.


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