Legal Opinion

Carter v. Wilmington & Weldon Railroad

Supreme Court of North Carolina

Decided November 5, 1901PublishedCited by 5 opinions

ActioN by L. W. Garter and E. G. Mills against tbe Wilmington and Weldon Eailroad Company and others, beard by Judge IT. 8. O’B. Iiobinson and a jury, at December (Special) Term, 1901, of tbe Superior Court of Columbus County. From a judgment for tbe plaintiffs, tbe defendants appealed.

1Opinion of the CourtDouglas, J.

This case was here before on demurrer, being reported in 126 N. C., 437. In view of what we then said, tbe answers of the jury to tbe first and third issues have reduced tbe case as now before ns to narrow limits.

Three out of tbe four exceptions insisted upon by tbe defendant raised the point that, in order to recover under ■ tbe statute for separate penalties, it was incumbent upon' tbe plaintiffs to tender tbe cattle separately. We think that this "question was settled in our former decision, and can not now be reopened by a second appeal in the nature of a rehearing.

If it were necessary to…

2Cited by5 opinions

  1. Parker v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
  2. Carter v. . R. R.Supreme Court of North Carolina · 1900
  3. Twitty v. . R. R.Supreme Court of North Carolina · 1906
  4. Parker v. . R. R.Supreme Court of North Carolina · 1903
  5. Twitty v. Southern Railway Co.Supreme Court of North Carolina · 1906

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