Williams v. Carolina & Western Railroad
Supreme Court of North Carolina
Civil actioN, tried before Peebles, J., and a jury, at September Term, 1906, of tbe Superior Court of GastoN County. Tbis action was brought by the plaintiffs to recover damages from the defendant for failing to stop its train and carry them from Harden Mills, a station on the defendant’s road, to High Shoals, another station, a mile and a half away. The train was a mixed one, composed of an engine and freight cars, and a caboose in which passengers were carried.
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Civil actioN, tried before Peebles, J., and a jury, at September Term, 1906, of tbe Superior Court of GastoN County. Tbis action was brought by the plaintiffs to recover damages from the defendant for failing to stop its train and carry them from Harden Mills, a station on the defendant’s road, to High Shoals, another station, a mile and a half away. The train was a mixed one, composed of an engine and freight cars, and a caboose in which passengers were carried. Harden Mills was not a regular but a flag station, at which stops were made to take on passengers, upon proper signals. An action…
1Opinion of the Court
Walker, J.,
after stating the case: There should have been separate appeals in this case. The actions were tried together merely for convenience, and were not united or consolidated in .the sense that they became, by the order of the Court, one action. They could not be thus merged under Revisal, sec. 469. The plaintiffs were not united in interest, but alleged separate grievances, and could not', therefore, be joined in the same action under Revisal, sec. 411. Logan v. Wallis, 76 N. C., 416; Syme v. Bunting, 86 N. C., 175. The verdict was substantially separate as to each plaintiff and the…
2Cases cited19 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- North Chicago Street Railroad v. WilliamsIllinois Supreme Court · 1892
- Parham v. Justices of the Inferior CourtSupreme Court of Georgia · 1851
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