Warner v. Western North Carolina Railroad
Supreme Court of North Carolina
Civil action, tried before Montgomery, Judge, and a jury, at November Term, 1885, of the Superior Court of Rowan county.
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Civil action, tried before Montgomery, Judge, and a jury, at November Term, 1885, of the Superior Court of Rowan county. The plaintiff, suing as administrator of Carrington C. Warner, deceased, brings this actioD to recover damages from the defendant for injuries sustained by his intestate, occasioned by the alleged carelessness and negligence of the defendant, in placing the intestate, who was in liis life time and at the time of the accident mentioned, in its employ as engineman, in charge of an unsafe, defective and insecure locomotive on its road, which locomotive, by reason of such…
1Opinion of the CourtMerrimoN, J.
(after stating the facts). (1). The objection taken on the argument here, that an appeal did not lie from the refusal of the Court to allow an amendment of the complaint without the payment of costs, is groundless. The appeal was not taken from the order denying the motion to amend. When the Court suggested that the complaint was defective, the plaintiff, as a cautionary step, asked leave to amend. The Court offered to grant leave on terms that the plaintiff declined to submit to, having confidence in the sufficiency of the complaint, and in effect, if not in terms, he insisted that it was…
2Cases cited5 opinions
- Garrett v. . TrotterSupreme Court of North Carolina · 1871
- Jeremiah M. Kesler v. . William A. SmithSupreme Court of North Carolina · 1872
- Johnson v. . FinchSupreme Court of North Carolina · 1885
- University of North Carolina v. HarrisonSupreme Court of North Carolina · 1884
- Harvey v. ThorntonIllinois Supreme Court · 1852
3Cited by17 opinions
- Davenport v. . PatrickSupreme Court of North Carolina · 1947
- Joseph A. D'AmbrA v. United StatesCourt of Appeals for the First Circuit · 1973
- Southern Pacific Co. v. WilsonArizona Supreme Court · 1906
- Wilson v. . MassageeSupreme Court of North Carolina · 1944
- Hudson v. Charleston, Cincinnati & Chicago RailroadSupreme Court of North Carolina · 1889
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