McGhee v. Norfolk & Southern Railway Co.
Supreme Court of North Carolina
ActioN tried before Lyon, J., from Graved, November Term, 1907. This action was heard upon the complaint and demurrer. Plaintiff alleged: 1. That the defendant Norfolk and Southern Railway Company is organized and existing according to law, and that at all times herein mentioned it was engaged in operating railroads in said State and elsewhere. 2. That defendant J. G. White & Co. is a foreign corporation and at all times herein mentioned was engaged in constructing a…
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ActioN tried before Lyon, J., from Graved, November Term, 1907. This action was heard upon the complaint and demurrer. Plaintiff alleged: 1. That the defendant Norfolk and Southern Railway Company is organized and existing according to law, and that at all times herein mentioned it was engaged in operating railroads in said State and elsewhere. 2. That defendant J. G. White & Co. is a foreign corporation and at all times herein mentioned was engaged in constructing a railroad for the defendant Norfolk and Southern Railway Company from New Bern to Washington, North Carolina, as plaintiff is…
1DissentClase, C. J.
The demurrer admits every allegation properly pleaded in the complaint. It is, therefore, admitted, for tire purposes of the demurrer, that the defendant White & Oo., while engaged in building a railroad for its codefendant, “wrongfully, unlawfully and negligently kept 1,600 pounds of dynamite in a small wooden building near the railroad track and near a public road, about one mile from *157tbe city of New Bern, without any notice or warning to the public that said building contained dynamite or other explosive.”
It further admits “that said wooden building in which said dynamite was kept was in a…
2Cases cited7 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Tissue v. Baltimore & Ohio RailroadSupreme Court of Pennsylvania · 1886
- Harris v. . FisherSupreme Court of North Carolina · 1894
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