Atkinson v. Philadelphia, Baltimore & Washington Railroad

Citations

• 137 Md. 632

Syllabus

<p>Judicial Notice — Government Proclamation — Federal Railroad Control — Improper Defendant — Amendment of Pleadings.</p> <p>Courts in this State take judicial .notice of proclamations issued by tbe Federal Government during tbe war and given general circulation.</p> <p>That tbe wrong defendant was sued is ground for demurrer.</p> <p>An action under tbe Federal Employers’ Liability Act, on account of an injury received while tbe railroad on which tbe accident occurred was under tbe control of tbe Federal Government, should have been brought against tbe Director General of Railroads rather than tbe railroad company.</p> <p>That, at tbe time of docketing tbe suit, an act bad been passed providing for tbe termination of federal control, and for tbe appointment of an agent who might be sued for any liability incurred during federal control, and that such agent bad not then been appointed, is immaterial.</p> <p>A party who is not liable cannot be sued merely because there is no one else to sue.</p> <p>In general, no appeal lies from a ruling on a motion to amend tbe pleadings.</p> <p>Where a suit is brought against one not a proper party defendant, tbe titling and declaration cannot be amended so as to substitute another sole defendant.</p>