Hussey v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil actioN, tried before Avery, Judge, at Spring Term, 1887, of Tyrrell Superior Court. The plaintiff alleged: “ 1st. That the defendant, The Norfolk Southern Railroad Company, is a corporation duly chartered under the laws of North Carolina, doing business under said name, in building, constructing, equipping and operating a railroad in the State, and running steam vessels connecting the business of said road with several business and commercial points on Albemarle sound…
Read the full summary
Civil actioN, tried before Avery, Judge, at Spring Term, 1887, of Tyrrell Superior Court. The plaintiff alleged: “ 1st. That the defendant, The Norfolk Southern Railroad Company, is a corporation duly chartered under the laws of North Carolina, doing business under said name, in building, constructing, equipping and operating a railroad in the State, and running steam vessels connecting the business of said road with several business and commercial points on Albemarle sound and Alligator, Scuppernong and Roanoke rivers, in said State, and the defendant M. K. King is general manager of said…
1Opinion of the Court
Davis, •!.,
(after stating the case). The question presented by the appeal is: Was there error in sustaining the demurrer of the defendant company, as set out in paragraphs “a,” “b” and “ c ” of the first cause of demurrer ?.
The Code, §233, requires that the complaint shall contain “ a plain and concise statement of the facts constituting a cause of action, without unnecessary repetition.”
The facts should be so stated as to leave the defendant in no doubt as to the alleged cause of action against him, so that he may know how to answer, and what defence to make. The demurrer admits the facts…
2Cases cited3 opinions
- National Bank v. GrahamSupreme Court of the United States · 1880
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Gillett v. Missouri Valley RailroadSupreme Court of Missouri · 1874
3Cited by49 opinions
- Sawyer v. RailroadSupreme Court of North Carolina · 1906
- Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
- Nims v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1893
- Columbia by the Sea, Inc. v. PettyDistrict Court of Appeal of Florida · 1963
- Raper v. McCRORY-McLELLAN CORPORATIONSupreme Court of North Carolina · 1963
44 more not listed; retrieve them via the Exa API.