Reynolds v. Railroad Co.
Supreme Court of North Carolina
AotioN by J. K. Reynolds against tbe Mt. Airy and Eastern Railway Company, beard by Judge W. B. Allen, at April Term, 1904, of tbe Superior Court of Sueey County. Tbis action was brought to recover damages for a breach of contract and for an injunction against tbe operation of defendant’s railway upon plaintiff’s land.
Read the full summary
AotioN by J. K. Reynolds against tbe Mt. Airy and Eastern Railway Company, beard by Judge W. B. Allen, at April Term, 1904, of tbe Superior Court of Sueey County. Tbis action was brought to recover damages for a breach of contract and for an injunction against tbe operation of defendant’s railway upon plaintiff’s land. It is alleged in tbe complaint that for certain valuable considerations, which are set forth in detail, tbe defendant promised and agreed to construct and operate a line of railway from tbe town of Mount Airy to tbe White Sulphur Springs, which are owned by plaintiff and at…
1Opinion of the Court
Walker, J.,
after stating tbe facts. Tbe Code provides that a plaintiff may unite in tbe same complaint several causes of action, whether they be such as have heretofore been denominated legal or equitable, or both, when they all arise out of tbe same transaction or a transaction connected with tbe same subject of action. Tbe Code, sec. 267. This being so, tbe plaintiff could have added bis cause of action in tort to' tbe cause of action already alleged, if be ’ bad been so minded, provided it appeared that tbe second cause of action arose out of tbe same transaction, or was founded upon a…
2Cases cited11 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Daniels v. . FowlerSupreme Court of North Carolina · 1897
- Benton v. . CollinsSupreme Court of North Carolina · 1896
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
- Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- Brewer v. . Ring and ValkSupreme Court of North Carolina · 1919
- Fisher v. . Trust Co.Supreme Court of North Carolina · 1905
- Craven County v. . Investment Co.Supreme Court of North Carolina · 1931
- Home Real Estate, Loan & Insurance v. LockerSupreme Court of North Carolina · 1938
9 more not listed; retrieve them via the Exa API.