Garney v. Union Pacific Railroad

Citations

• 112 Kan. 823
• 212 P. 659
• 1923 Kan. LEXIS 496

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Railroad — Under Federal Control — Action for Personal Injuries — Limitation of Action. Subdivision (a) of section 206 of the transportation act of 1920 (41 U. S. Stat. at Large, ch. 91, p. 461), provided that actions based on causes of action growing out of federal control of the railroads, might be commenced against an agent to be designated by the president, within the period of limitations prescribed by state or federal statutes, “but not' later than two years from the date of the passage of this act.” Subdivision (6) provided for service of process to bring the designated agent into court, and providing for filing in the office of the clerk of each district court of ' the United States,(lists of persons on whom process might be served. The act took effect on February 29, 1920; the agent was designated by the president on March 11, and fists were filed with the clerk of the United States district court for Kansas on June 4. The plaintiff’s cause of action arose in October, 1919, but he did not make the federal agent a party to the action which he commenced, until April 12, 1922. Held, an indispensable condition to liability of the federal agent was not complied with, and the district court should have dismissed the action.</p>