90 Ga. 519 | Ga. | 1892
The cause of action was personal injuries from the running of the defendant’s trains in the county of Paulding in this State; the action was brought in the county of Fulton and in the city court of Atlanta. The plea to the jurisdiction was to the effect that the defendant was a foreign corporation, and in this State could be sued only in the county in which the cause of action originated, jurisdiction in that county being admitted to exist under the statute which declares that “ all railroad companies shall be liable to be sued in any. county in which the cause of action originated, by any one whose person
It is clear that this statute is not exclusive, but is merely permissive and cumulative. Its language is not restrictive, for it says such companies “ shall be liable to be sued,” etc., and not that they shall or must be. Besides, as to resident corporations it could not be restrictive consistently with the constitutional requirement that actions of this kind “ shall be tried in the county where the defendant resides.” (Art. 6, sec. 16, par. 6, Code, §5172.) Unless otherwise provided by statute, all corporations are to be regarded as residing where their principal office or place of business is located, and as subject to be sued there, though their residence may extend to other places where business is conducted under their corporate franchises. It was contended, however, that as the principal office of this corporation was in the State of its creation, express legislation was necessary to subject it to suit at any other place, and that the statute permitting suit in the county of the injury is the only legislation wffiich could subject it in cases of this kind.
In our opinion no such legislation was necessary for this purpose. Our code declares that “ a citizen of another State passing through this State may be sued in any county thereof in which he may happen to be at the time when sued.” (§3416.) A corporation is for some purposes a citizen, and if present is no less subject to the jurisdiction than any other citizen of another State. Besides, a corporation, though a citizen of but one State, may be a resident also of other States. This court, in City Fire Insurance Co. v. Carrugi, 41 Ga. 660, held that “ a foreign corporation doing business in this State is subject to the jurisdiction of the courts of this State, if it can be served with process ”; and our laws provide for
Especially is this true as to a corporation operating a railroad in the exercise of powers and privileges granted to a corporation of this State, and upon a right of way acquired under the State’s power of eminent domain.
In the present case it appears from the declaration
These averments are not denied, except in so far as it is stated that the defendant’s principal office and place of business for this State is in Atlanta. It is admitted, however, that the superintendent having charge of one of the two divisions of its road in this State resides and has his office at Atlanta, though it is stated that the superintendent of the other division, whose headquarters-are at Macon, Georgia, is of equal authority, and that both are acting under orders from the home office and principal place of business of the defendant at Knoxville, in the State of Tennessee.
In the case of Angier v. East Tennessee, Virginia & Georgia R. R., 74 Ga. 634, it was held that the company to which the present defendant has succeeded, namely, the East Tennessee, Virginia & Georgia Railroad Company, though a corporation of Tennessee, became a corporation of this State, by reason of its purchase of the rights, titles, properties, franchises, powers and privileges of every description of the Cincinnati & Georgia Railroad Company, the life of the latter having passed into
A decision of this court somewhat in point is that in Alabama Great Southern Railroad Co. v. Fulghum, 87 Ga. 263. Tu that case the principal office of the company wTas outside of this State, and the cause of action originated out of the State. In was there held that “a railroad corporation, whether de facto or de jure, and whether foreign or domestic, is subject to suit in this State in personam by a citizen thereof, if it owns and operates a railroad in this State which was built by virtue of an act of the. legislature authorizing another corporation, chartered in an adjoining State, to build and operate said railroad, and which act declared the corporation so building and operating it subject to suit by citizens of this State in the county in which the road is located. A corporation in the actual use and exercise of all the rights and privileges of another corporation is subject to its burdens, and amongst them to suit for like causes of action for which suits could be maintained against such other corporation were it in possession of the franchises which have been acquired from it or else usurped.” Upon this subject see also Baltimore & Ohio R. Co. v. Wightman’s Adm’r, 29 Gratt. 431, 26 Am. Rep. 384, and Balt. & O. R. Co. v. Noell’s Adm’r, 32 Gratt. 394, in which it -was held that a railroad company incorporated in another State was, by reason of its exercising the powers and franchises of a Virginia corporation, whose railroad it was operating as lessee in Virginia, subject to all the duties and obligations imposed upon the Virginia company by its charter, and among them to suit in the same courts as the latter. So far as the reasoning of the Virginia
It follows, from what has been said, that the defendant was subject to be sued, not only in the same manner as are all other railroad corporations resident in this State, but in the same courts as the particular corporation to whose franchises it succeeded. Under its charter that corporation was subject to be sued in Atlanta. The State of Georgia, in granting the franchises which this defendant was exercising, annexed as one of the conditions of the charter the requirement that “the principal office of said corporation shall be in Atlanta,” and further provided that “all notices and legal processes may be served on said corporation as now provided, or may hereafter be provided by law for service on corporations.” (Acts 1880-1, p. 256.) At Atlanta, as we have seen, the defendant had an office which was admitted to be one of its principal offices in this State, and at that office and upon the officer in charge service was effected. It matters not what offices it may ha.ve had elsewhere, or that the office at Atlanta was subordinate to its office in another State; 'Atlanta, for all jurisdictional purposes, may still be treated as its principal office under the laws of this State.
We hold, therefore, that it was error to dismiss the case upon the ground that the city court of Atlanta was without jurisdiction of the cause of action.
Judgment reversed.