The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 49
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WALSH V. ATLANTIC COAST LINE R. CO. 49
ning expenses of this office out of money sent to him by the defend-
ant for that purpose, including the pay of certain employes, whom
he hired and discharged on orders from the defendant's home office.
He kept no books for the defendant, and no bank account was here
kept in its name. At the time of the service upon him, he had no
tickets of the defendant for sale. The defendant paid him a monthly
salary, and he did not receive any commissions on the business which
he procured. He was employed to drum up trade, both freight and
passenger, for the defendant.
When persons came there to buy tickets, Johnson sent to one of the
local railroads and purchased the tickets on his credit, or that of the
defendant company, delivering the tickets to the passenger, and paid the
local road for them. Receipts for deposits for tickets taken by him
were made on a blank having across the end:
"Atlantic Coast Line R. R. Co.,
"248 Washington Street,
"J. II. Johnson, N. E. Agent."
-and were signed "J. H. Johnson, N. E. A." (i. e., "New England
Agent"). He gave to the local railroad from which he obtained tick-
ets an I. O. U., signed "J. H. Johnson, N. E. A." He sold tickets on
the defendant's railroad, as well as connecting lines, which he obtained
in this way. He did not, except in a few unusual cases, issue bills of
lading for freight. Those were regularly issued by the Merchants'
& Miners' Transportation Company, upon a form which bore in con-
spicuous letters "Atlantic Coast Line," and also bore "J. H. John-
son, New England Agent, 248 Washington Street, Boston." Blank
forms of these bills of lading were kept at the Washington street
office or shop; and there was also kept at the same place a supply of
the defendant's time-tables, on which Johnson's name appeared as
"New England Agent." It was not explicitly proved that the form of
receipt, or I. O. U., used by Johnson, was known to, or approved by,
the defendant; but Johnson testified that ,he had done business in the
same way for more than 20 years, that the way he did business was the
general way of doing it in other places, that he thought the defend-
ant must know about it, and that the defendant had never objected
to it. He impressed me as being a truthful and accurate witness, and
I see no reason to doubt that the facts are as stated in his testimony.
Up to January 1, 1915, there had been on sale in Johnson's office mile-
age books of the defendant company; but on that date, owing to ob-
jections raised by the New England railroads, their sale was with-
drawn; and at the time of the service of the writ, August 30, 1915,
there were, as above stated, no tickets on sale by Johnson. In De-
cember, 1914, one of the traveling auditors of the defendant had called
at Johnson's office.
Johnson's activities for the defendant were naturally confined to
matters in which it was interested, arising in that part of New Eng-
land of which Boston is the business center. It is not alleged, and
does not appear, that he sold the tickets or had anything to do with the
contract of transportation under which the plaintiff was riding when
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/63/: accessed September 26, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.