Legal Opinion

Debnam v. Southern Bell Telephone & Telegraph Co.

Supreme Court of North Carolina

Decided June 7, 1900Published

Civil ActioN for damages to the amount of $20,000 for personal injury resulting from alleged negligence of defendant company by reason of one of its employees, while at work carelessly dropping am iron instrument upon plaintiff’s head, in the public street- of Durham, May 24, 1899. Action was commenced June 3, 1899, in the Superior Court of DuR-iiam County, and was heard before Brown, J., at October Term, 1899, upon petition of defendant for removal to Circuit Court of…

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Civil ActioN for damages to the amount of $20,000 for personal injury resulting from alleged negligence of defendant company by reason of one of its employees, while at work carelessly dropping am iron instrument upon plaintiff’s head, in the public street- of Durham, May 24, 1899. Action was commenced June 3, 1899, in the Superior Court of DuR-iiam County, and was heard before Brown, J., at October Term, 1899, upon petition of defendant for removal to Circuit Court of United States for Eastern District of North Carolina, for that the plaintiff was a citizen and resident of North Carolina,…

1Opinion of the CourtDouglas, J.

This is an- action brought to recover damages sustained by the plaintiff through the alleged negligence of the defendant. In apt time, and without filing an answer, the defendant filed its petition for removal to the Circuit Court of the United States. The complaint alleges:' “That the defendant is a corporation duly organized, and is doing business in North Carolina, and has become and is a domestic corporation under the laws of said State.” There is no other allusion, express or implied, in the complaint as to' its having ever been incorporated in any other State.

The affidavit upon which…

2Cases cited24 opinions

  1. Clark v. BarnardSupreme Court of the United States · 1883
  2. Tennessee v. Union & Planters' BankSupreme Court of the United States · 1894
  3. Stone v. Farmers' Loan & Trust Co.Supreme Court of the United States · 1886
  4. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  5. Meyer v. Construction CompanySupreme Court of the United States · 1879

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