Allen v. Cape Fear & Yadkin Valley Railroad
Supreme Court of North Carolina
Civil ACTION, tried before Clark, J., at May Term, 1887, of CumbeblaND Superior Court. Judgment for defendant, dismissing the action, on the ground that the complaint did not state facts sufficient to constitute a cause of action. The point was raised by motion to dismiss, in the nature of a demurrer ore tenus. Plaintiff appealed. The facts appear in the opinion.
1Opinion of the Court
Smith, 0. J.
The plaintiff sued out a summons against the defendant company, on the 14th May, 1884, and upon the return of service, set out his cause of action in the following complaint filed :
1. The above named plaintiff complaining, says: That the above named defendant, “The Cape Pear & Yadkin Valley Railway Company,” is, and was at the time hereinafter mentioned and referred to, a corporation, duly created and existing under and by virtue of the laws of North Carolina, and as such, was acting as a common carrier in the transportation of passengers and freight to and from the town of…
2Cited by6 opinions
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- Hinshaw v. RussellIllinois Supreme Court · 1917
- Berry v. Southern Railway Co.Supreme Court of North Carolina · 1898
- Randall v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
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