Roberts v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil action, tried before Brown, J., at Spring Term, 1891, of Cherokee Superior Court. The plaintiffs alleged, as one cause of action, that the defendant agreed to have in readiness and supply them with certain cars at a time and place specified, in which certain cattle were to be transported over the defendant’s railroad to a place specified; that the defendant failed to keep and perform its agreement, etc., whereby the plaintiff sustained damage, etc.
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Civil action, tried before Brown, J., at Spring Term, 1891, of Cherokee Superior Court. The plaintiffs alleged, as one cause of action, that the defendant agreed to have in readiness and supply them with certain cars at a time and place specified, in which certain cattle were to be transported over the defendant’s railroad to a place specified; that the defendant failed to keep and perform its agreement, etc., whereby the plaintiff sustained damage, etc. The defendant denied the material allegations of the complaint. This, among other issues, was submitted to the jury— “ 2. If so, did the…
1Opinion of the CourtMerrimon, C. J.
after stating the facts: The obvious purpose of the evidence rejected was to prove the special contract of the defendant to supply certain cars at the time and place specified in the complaint, and that it failed to do so. The evidence was clearly relevant and competent for that purpose, and we are at a loss to see the ground of objection to it. Unquestionably, the statute (The Code, §590) did not' apply, as seems to have been supposed. The plaintiffs (the ■witness was one them) did not derive their “interest or title,” or claim, from the deceased agent of defendant, by assignment or…
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