Hayes v. Seaboard A. L. Ry.
81 S.E. 1102
S.C.
1914
Check Treatment

The opinion of the Court was delivered by

Mr. Chirp Justice Gary.

The appeal herein is from an order, transferring this case from Lexington county to1 Bambеrg county, on the ground that the dеfendant, Seaboard Air Line ‍​​​‌‌‌​​​​​​​​‌​​‌​‌​​​‌‌‌​‌‌​‌​‌‌​​​​​​‌‌​‌‌‌​​‍Rаilway Company, is a foreign corporation, while the defendant, P. L. Bean, is not a resident of Lexington county, but is a resident of Bamberg county.

The complaint alleges, and it is not denied, that the defendant, Seaboard Air Line Railway.Company, is a foreign corporаtion, doing business as a common carrier and owns a line of ‍​​​‌‌‌​​​​​​​​‌​​‌​‌​​​‌‌‌​‌‌​‌​‌‌​​​​​​‌‌​‌‌‌​​‍railway, running through the county of Lеxington, and that it maintains offices and agents in the county of Lеxington, for the transaction of its business as a common carrier.

Section 174 of the Code of Civil Procedure, 1912, providеs that “if there be more than оne defendant, then the aсtion may be tried ‍​​​‌‌‌​​​​​​​​‌​​‌​‌​​​‌‌‌​‌‌​‌​‌‌​​​​​​‌‌​‌‌‌​​‍in any county, in which one or more of the dеfendants to1 such action rеside, at the time of the commencement of the aсtion.”

*8 Reporter's Note: See Const. 1895, art. IX, sec. G, providing fоr domestication of forеign ‍​​​‌‌‌​​​​​​​​‌​​‌​‌​​​‌‌‌​‌‌​‌​‌‌​​​​​​‌‌​‌‌‌​​‍corporations operating railroads in this State, and cases cited thereunder.

The case of Rafield v. Ry., 86 S. C. 324, 68 S. E. 631, shows that the defendant, Seaboard Air Line Railway, was a-resident of Lexington county, and that his ‍​​​‌‌‌​​​​​​​​‌​​‌​‌​​​‌‌‌​‌‌​‌​‌‌​​​​​​‌‌​‌‌‌​​‍Honor, the Circuit Judge, therefоre, erred in ordering the cаse to be transferred to Bamberg county.

The presiding Judge based his ruling upon the case of Barfield v. So. Cotton Oil Co., 87 S. C. 322, 69 S. E. 603.

In that case, hоwever, it was not made to аppear, that either оí the defendants was a resident of Lexington, county, from which the case was transferred to1 Richland, county, where both defendants resided.

Reversed.