PS 101 – Chapter 5 – Article 6 – On Sleeping Cars and Hotel Cars

RCW 4.28.080(5)
If against a corporation owning or operating sleeping cars, or hotel cars, to any person having charge of any of its cars or any agent found within the state.

For most, the first question which comes to mind is “What is a sleeping car or hotel car?” They are, in fact, two phrases for the same thing, a railroad car designed specifically for trips lasting longer than a day and which allow the passengers to sleep in some comfort.

The originator of the concept was the Pullman Company which manufactured the Pullman car which then became the standard by which all other sleeping and hotel cars were measured.

At the time of this writing the only railway system which might operate such conveyances is Amtrak. Though no specific historical research has been done on this point, it is reasonable to believe this paragraph is a hold over, an appendix so to speak, from the late 19th and early 20th centuries when sleeping cars and hotel cars were in wider use.

If a corporation were to establish itself as operating sleeping cars or hotel cars then service could be obtained in any of two different ways.

First, the documents could be presented to “any person having charge of any of its cars.” Lacking the existence of any appellate court cases or any practical experience with such cars, it is difficult to say how the court might interpret the words “having charge.” Guidance in this matter should be sought from your client and such guidance should be obtained in writing.

Second, the documents could be presented to “any agent found within the state.” The words “any agent” would certainly refer to a registered agent of the corporation or to any officer.

Note the clause “found within the state.” These words are cause for caution. The “any agent” must be found within the state of Washington. If the service were to occur outside the state then it might be open to attack and could fail.

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