Legal Opinion

Debnam v. Southern Bell Telephone & Telegraph Co.

Supreme Court of North Carolina

Decided June 7, 1900PublishedCited by 17 opinions

Civil ActioN for damages to the amount of $20,000 for personal injury resulting from alleged negligence of defendant company by reason of one of its employees, while at work carelessly dropping am iron instrument upon plaintiff’s head, in the public street- of Durham, May 24, 1899. Action was commenced June 3, 1899, in the Superior Court of DuR-iiam County, and was heard before Brown, J., at October Term, 1899, upon petition of defendant for removal to Circuit Court of…

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Civil ActioN for damages to the amount of $20,000 for personal injury resulting from alleged negligence of defendant company by reason of one of its employees, while at work carelessly dropping am iron instrument upon plaintiff’s head, in the public street- of Durham, May 24, 1899. Action was commenced June 3, 1899, in the Superior Court of DuR-iiam County, and was heard before Brown, J., at October Term, 1899, upon petition of defendant for removal to Circuit Court of United States for Eastern District of North Carolina, for that the plaintiff was a citizen and resident of North Carolina,…

1Opinion of the Court

His Honor adjudged that defendant had become a corporation of the State of North Carolina, and denied the petition for removal.

Defendant excepted, and appealed to the Supreme Court. This is an action brought to recover damages sustained by the plaintiff through the alleged negligence of the defendant. In apt time, and without filing an answer, the defendant filed its petition for removal to the Circuit Court of the United States. The complaint alleges: "That the defendant is a corporation duly organized, and is doing business in North Carolina, and has become and is a domestic corporation…

2Cases cited25 opinions

  1. Paul v. VirginiaSupreme Court of the United States · 1869
  2. Clark v. BarnardSupreme Court of the United States · 1883
  3. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  4. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  5. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872

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3Cited by17 opinions

  1. Southern Railway Co. v. AllisonSupreme Court of the United States · 1903
  2. State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
  3. Hunter v. Mutual Reserve Life InsuranceNew York Court of Appeals · 1906
  4. Stonega Coke & Coal Co. v. Southern Steel Co.Tennessee Supreme Court · 1910
  5. Allison v. Southern Railway Co.Supreme Court of North Carolina · 1901

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