Response or Comment
Under the regulations promulgated by the Railroad Administration in 1918, all actions for injury to persons or property growing out of the possession or control of any railroad or system of transportation by the Director General of Railroads were required to be brought against the Director General. ORDER No. 50. Some courts refused to follow this order on the ground that it was contrary to the statute creating federal control. Lavalle v. Northern Pacific Railway Company, (1919), 143 Minn. 74; Franke v. Chicago & N. W. Ry. Co., (1919), 170 Wis. 71. But Order No. 50 has been generally observed, and actions arising under federal control have usually been brought against the Director General. He was declared to be the agent of the United States through which it exercised "no divided but a complete possession and control" of all railroads for all purposes. Northern Pac. Ry. Co. v. North Dakota, (1918), 250 U. S. 135, 148.
Sunderland, Edson R. "Adversary Parties—Same Person as Both Plaintiff and Defendant." Mich. L. Rev. 20 (1921): 90-3.