Fuquay v. A. & W. Railway Co.

The original complaint, filed 4 August, 1928, con-iained the following: “First, That plaintiff is a resident of Harnett County, North Carolina, and defendant is a railroad corporation engaged in interstate commerce. Second, That on or about 29 January, 1928, while in the employment of the defendant and engaged in the line of such employment in loading cross-ties on a flat car at Lillington, N. O.,” etc.

After the dismissal or nonsuit of the original action, at April Term, 1929, Harnett Superior Court, a new action was instituted and a new complaint filed 15 July, 1929. It contains the…