Lewis v. Albemarle & Raleigh Railroad
Supreme Court of North Carolina
Civil action-, tried before Shepherd, Judge, and a jury, at August Terra, 1886, of Edgecombe Superior Court. The plaintiff in substance alleges, that the defendant, being the owner of a railroad, and intending to extend it to points east and west of it, through its agents, its Vice-President aud Superintendent, employed him as Civil Engineer for the company, to act and serve them as its Engineer for an indefinite period of time.
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Civil action-, tried before Shepherd, Judge, and a jury, at August Terra, 1886, of Edgecombe Superior Court. The plaintiff in substance alleges, that the defendant, being the owner of a railroad, and intending to extend it to points east and west of it, through its agents, its Vice-President aud Superintendent, employed him as Civil Engineer for the company, to act and serve them as its Engineer for an indefinite period of time. That he accordingly served it in that capacity from the 9th day of March, 1883, until the 29th day of January, 1884. That although he was not constantly actively…
1Opinion of the CourtMerrimon, J.
(after stating the facts). The defendant’s ■counsel contended on the argument, that it is alleged in the complaint that the plaintiff was employed “as a regular (or permanent engineer of the company,” the defendant — that this allegation is denied by the answer, and, therefore, the issue, “ was the •plaintiff employed as a regular or permanent engineer of the •company?” proposed by the defendant on the trial, and which the Court refused to submit, ought to have been submitted to •the jury. The refusal of the Court to submit this issue is .assigned as error.
The complaint seems to have been…
2Cases cited1 opinion
- Jones v. . MialSupreme Court of North Carolina · 1880
3Cited by13 opinions
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Hood v. . SudderthSupreme Court of North Carolina · 1892
- E. D. Metcalf Co. v. GilbertWyoming Supreme Court · 1911
- Everett v. . SpencerSupreme Court of North Carolina · 1898
- Fulps v. . MockSupreme Court of North Carolina · 1891
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