Bailey v. Williamsport & North Branch Railroad

Citations

• 174 Pa. 114
• 34 A. 556
• 1896 Pa. LEXIS 856

Syllabus

<p>Bailroads — Corporations—Service of summons — Trespass—Practice G. P. —Act of March 22, 1817.</p> <p>An action to recover damages from a railroad company for personal injuries, must be brought in the county where the corporate property is in whole or in part situated.</p> <p>The act of March 22, 1817, P. L. 129, which provides that suits may be brought “ against corporations by their corporate names before any court or magistrate of competent jurisdiction by summons,” etc., does not change the common law rule by which process cannot be served out of the district where the artificial body exists.</p> <p>Defendant, a railroad company, was sued in Philadelphia for negligence resulting in injuries to plaintiff. Service was had upon the treasurer while he was temporarily in Philadelphia. All of the company’s line and works were in Lycoming and Sullivan counties. Its principal office was in Lycoming county, and it had no agent, office or property in Philadelphia county. Held, that the summons should be set aside.</p> <p>Acts of June 13, 1836, sec. 42, P. L. 568; March 21, 1842, P. L. 145, and March 17, 1856, P. L. 388, considered.</p>