Stanly v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1883, of OraNGE Superior Court, before MacRae, J. The plaintiff sues to recover in damages the value of a horse belonging to him, and which he alleges was struck and killed by a traiu of cars passing over the defendant’s roacl in the month of April, 1882. The complaint charges that this was done negligently at a portion of the road between two designated stations, which ran for half a mile in a straight course on a level surface where there…
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Civil Action tried at Fall Term, 1883, of OraNGE Superior Court, before MacRae, J. The plaintiff sues to recover in damages the value of a horse belonging to him, and which he alleges was struck and killed by a traiu of cars passing over the defendant’s roacl in the month of April, 1882. The complaint charges that this was done negligently at a portion of the road between two designated stations, which ran for half a mile in a straight course on a level surface where there were neither cuts nor embankments. It does not aver the defendant to be a corporate body. The defendant interposed a…
1Opinion of the CourtSsiith, C. J.
While the principle seems to be well settled that in actions by corporations of whose existence, or the law of their being, the court cannot take judicial notice, as it must of municipal and public corporations, under our former system of pleading it was not necessary the declaration should aver the plaintiff to be such, there is much diversity in the adjudications as to whether, where the defendant pleads the general issue and denies the right of action, the plaintiff is compelled to prove the corporate capacity in which it sues.
In England and in some of the states, this burden is held to…
2Cited by18 opinions
- Mattox v. StateSupreme Court of Georgia · 1902
- Seymour & Sons v. Thomas Harrow Co.Supreme Court of Alabama · 1886
- New Bern Banking & Trust Co. v. DuffySupreme Court of North Carolina · 1911
- Nelson v. Atlantic Coast Line Railroad Co. Relief DepartmentSupreme Court of North Carolina · 1908
- Ryan v. . MartinSupreme Court of North Carolina · 1884
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