Allen v. Carolina Central Railway Co.
Supreme Court of North Carolina
Civil aotioN, heard on complaint and demurrer, before Norwood, J., at October,Term, 1896, of MecicleNbueg Superior Court.
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Civil aotioN, heard on complaint and demurrer, before Norwood, J., at October,Term, 1896, of MecicleNbueg Superior Court. The complaint was as follows: “The plaintiff complains and alleges: “First — That the defendant, at the time hereinafter stated, was and still is a corporation duly created and organized under the law, and was and still is a common carrier of goods, wares, merchandise, and passengers, and operated a railroad between the city of Charlotte, North Carolina, and the city of Wilmington, in said State, and used for this purpose railroad tracks, side tracks, engines, cars, &c.,…
1Opinion of the Court
Eaiecloth, C. J.:
This case stands upon complaint and demurrer, and the ground of defence is “that the negligence alleged is not sufficiently and legally set out.” . The purpose of The Code is that controversies shall be tried on .their true merits, and to this end it prescribes the mode, order and forms of pleading, with provisions for perfecting the pleadings in apt time, by striking out or amending the same.
When there is a defective cause of action, although in due form, the plaintiff cannot recover unless the court in its discretion, on reasonable terms, allows a,n amendment. When a good…
2Cases cited4 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Buie v. . BrownSupreme Court of North Carolina · 1889
- Smith v. . SummerfieldSupreme Court of North Carolina · 1891
3Cited by24 opinions
- Hensley v. McDowell Furniture Co.Supreme Court of North Carolina · 1913
- Ricks v. . BrooksSupreme Court of North Carolina · 1920
- Jones v. Town of HendersonSupreme Court of North Carolina · 1908
- Davis v. RhodesSupreme Court of North Carolina · 1949
- Livingston v. . Investment Co.Supreme Court of North Carolina · 1941
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