Mull v. Louisville & Nashville Railroad
Supreme Court of North Carolina
ActioN, tried before Shaw, J., at November Term, 1917, of Oheeo-Kee, upon these issues: 1. Is the plaintiff M. L. Mull the beneficial owner of the land described in the complaint, as alleged in the complaint? Answer: “Yes.” 2. "Was said land burned ánd injured by reason of the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 3. What damage, if any, is the plaintiff M. L. Mull entitled to recover of the defendant L. and N. R. R. Co. by reason of said…
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ActioN, tried before Shaw, J., at November Term, 1917, of Oheeo-Kee, upon these issues: 1. Is the plaintiff M. L. Mull the beneficial owner of the land described in the complaint, as alleged in the complaint? Answer: “Yes.” 2. "Was said land burned ánd injured by reason of the negligence of the defendant, as alleged in the complaint? Answer: “Yes.” 3. What damage, if any, is the plaintiff M. L. Mull entitled to recover of the defendant L. and N. R. R. Co. by reason of said injury? Answer: “$300.” From the judgment rendered, defendant railroad company appealed.
1Opinion of the CourtBeown, J.
The assignments of error relate exclusively to the ruling of the court overruling a demurrer interposed to an amended complaint. The original complaint alleged that the feme plaintiff was the owner and in possession of the land alleged to have been burned by the negligence of the defendant company. This allegation was denied.
The plaintiff was allowed to file an amended complaint setting out her title, and also to make S. W. Lovingood a party defendant. The amended complaint sets out facts which show’ that the legal title to the land is' in S. W. Lovingood, but that the equitable title as well…
2Cases cited3 opinions
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
- Farmer v. . DanielSupreme Court of North Carolina · 1880
- Skinner v. Terry.Supreme Court of North Carolina · 1904
3Cited by1 opinion
- Matthews v. James Lumber Co.Supreme Court of North Carolina · 1924