Summary
In Weil v. N.Y.C.R.R. Co. (235 N.Y. 570) we held that service of a summons upon a cause of action arising during federal control (as did the action at bar) upon a person designated by section 206(b) of the Transportation Act of 1920 as a person to be served with process in such actions, in which summons the carrier and not the agent designated by the president is named as defendant, did not constitute the bringing of an action against said agent or his principal, i.e., the agent appointed by the president under the Transportation Act of 1920.
Summary of this case from Lawrey v. HinesOpinion
Argued February 27, 1923
Decided March 20, 1923
Edward B. Twombly for appellants.
William Mann and Alexander S. Lyman for respondent.
Order affirmed, with costs; first, third and fourth questions certified answered in the negative; second question not answered; no opinion.
Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, McLAUGHLIN and ANDREWS, JJ. Dissenting: CRANE, J.