M’c0Y v. 0., I., ST. L. 8:, cl. B. 00. 3
able without regard to the citizenship of the parties. The condition
of the bond sued on is in strict conformity with the condition pre-
scribed by section 783of the United States Revised Statutes. The ·
exceptions filed raise the question, what is the proper construction of »
the condition, and consequently what is the proper construction of
section 783 ? The court, in passing upon the exceptions, is required
T to decide what is meant by the words, "the faithful performance of
said duties by himself and his deputies," as used in section 783, and
to declare whether the acts complained of in the petition are or are
not a violation of the condition of the bond prescribed by the statute.
There can, therefore, be no doubt that the case is a removable one,
and that the motion to remand should be overruled. `
N ocrn. See Jackson v. Simoatcm, 4 Crauch, C. C. 255; Killpatrick v. Frost,
2 Grant, 168. . ._ .
McCoy v. C., I., Sr. L. & C. R. Co. and another."
(Circuit Uourt, S. D. Ohio, W D. July 31, 1882.)
1. Acrrons seamsr Fonmou Coxzrorwrronrs m Unrrmv Brwrms Coun·rs-—Sm1v-
ron on Pnocnss UPON Aonnrs. _ “
Where foreign corporations engage in business ln a state whose laws provide
that they may be summoned by process served upon an agent in charge thereof,
they are " found " in the district in which such agent is doing business, within
the meaning of the act of congress of March 3, 1875, (18 St. at Large, 470,) and.
may be served in that manner in suits brought in the United States courts.
Mehr rt Maier Diatilling Oc. v. lm. Obs. 12 Fan. Rm-. 474, followed. A
3. Poems Nurunn sim Durnrs ov Rsmnoans.
Railroad corporations are quasi public corporations, dedicatedto the public ,
use. ln accepting their charters they necessarily accept them with all the »
duties and liabilities imposed upon them by law. Thus a quasi public trust is
created which clothes the public with an interest in the use of railroads, which
can be controlled by the public to the extent of the interest conferred therein.
B. JURISDICTIOIVOF EQUITY—llli»AII4R0ADB—.l.NJUNCTI0N. O
In the absence of some statute providing another and different remedy,
courts of equity have jurisdiction to enforce this quasi public trust, and com-‘
pel railroad corporations to discharge the duties imposed upon them by law ;`
and persons injured by the wrongful action or non-action of such corporations
may seek redress by injunction, and are not bound to resort to proceedings in
mandamus or to an action at law for damages.
4. Rsmnoans-Drscnmmsrron nv Dnnrvnmno Lrvs:-Srocx ro S·rocx-Ysm;•s-
— Rmmmr.
A railroad company cannot bind itself to deliver to a particular stock-yard
all live-stock coming over its line to a certain point, but it is boundto trans~ ‘
*R•ported by J. O. Harper, Esq., of the Cincinnati bar. '