Carter v. . R. R.

This is an action brought under section 1964 (438) of the Code, to recover penalties amounting to $3,000. The plaintiffs allege that on two consecutive days they offered for shipment to the agent of the defendant company 30 head of cattle, all of which the said agent refused to receive. The defendant demurred on several grounds as follows:

1. That the cause of action, if any, did not accrue to the plaintiffs, but only to the State of North Carolina for the benefit of the school fund under Article IX, section 5, of the Constitution of this State.

2. That the action can be maintained only in the…