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Keywords

contractplaintiffdefendantstatutemotioncorporationlegislative intent
contractplaintiffstatutecorporation

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Wheeling, Parkersburg & Cincinnati Transportation Co. v. Baltimore & O.R. Co., 13 Ohio Dec.Reprint 568, 1 Cinc.Super.Ct.R. 311, 1871 WL 5826

Facts

The plaintiff's steamer 'Rebecca' was sunk after colliding with a barge that the Baltimore & Ohio Railroad Company had negligently left tied to a bridge. The incident occurred on December 7, 1869, while the railroad was constructing a bridge across the Ohio River at Parkersburg. The service of summons was issued to the company through its general freight agent, H. F. Heckert, at the company's business office, which led to a motion by the defendant to quash the service.

The plaintiff's steamer 'Rebecca' was sunk after colliding with a barge that the Baltimore & Ohio Railroad Company had negligently left tied to a bridge.

Issue

Whether the service of summons on H. F. Heckert, the general freight agent of the Baltimore & Ohio Railroad Company, was sufficient under Ohio law for a foreign corporation.

Whether the service of summons on H. F. Heckert, the general freight agent of the Baltimore & Ohio Railroad Company, was sufficient under Ohio law for a foreign corporation.

Rule

Under Section 68 of the Ohio Revised Statutes, service may be made upon a managing agent of a foreign corporation in the state.

Under Section 68 of the Ohio Revised Statutes, service may be made upon a managing agent of a foreign corporation in the state.

Analysis

The court determined that H. F. Heckert qualified as a managing agent under Section 68, as he was responsible for contracting freight and managing operations related to the railroad. The court noted that the amendment to Section 66 did not repeal Section 68, allowing for service on agents of foreign corporations doing business in Ohio. The court emphasized the legislative intent to facilitate access to justice for citizens harmed by foreign corporations.

The court determined that H. F. Heckert qualified as a managing agent under Section 68, as he was responsible for contracting freight and managing operations related to the railroad.

Conclusion

The court affirmed the judgment, ruling that the service of summons was valid and that the plaintiff could proceed with the case against the Baltimore & Ohio Railroad Company.

The court affirmed the judgment, ruling that the service of summons was valid and that the plaintiff could proceed with the case against the Baltimore & Ohio Railroad Company.

Who won?

The plaintiff prevailed in the case because the court upheld the validity of the service of summons on the railroad's general freight agent, allowing the case to proceed.

The plaintiff prevailed in the case because the court upheld the validity of the service of summons on the railroad's general freight agent, allowing the case to proceed.

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