Legal Opinion

O'Kelly v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 4 opinions

PETITION for removal of cause to the circuit court of the-United States, heard at January Term, 1883, of Wake Superior court, before McKoy, J. The removal was asked by the Virginia Midland railroad company, one of the defendants, and an appeal was taken from the judgment refusing the motion.

1Opinion of the CourtSmith, C. J.

The plaintiff’s action is against the three railroad companies, defendants, as associated in forming a continuous line over their respective tracks for the carrying of passengers and freight from points on the North Carolina railroad to the general terminus at Washington City, and demands damages for a breach of contract entered into by them jointly to carry him from the city of Raleigh to the said city of Washington. The defendants in separate answers deny the responsibility of each, and deny also the material allegations upon which the plaintiff’s demand is'based.

It is needless to notice…

2Cases cited3 opinions

  1. Gudger v. Western N. C. RailroadSupreme Court of North Carolina · 1882
  2. Fitzgerald v. . AllmanSupreme Court of North Carolina · 1880
  3. Simmons v. . TaylorSupreme Court of North Carolina · 1880

3Cited by4 opinions

  1. Douglas v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
  2. Bowley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
  3. Commissioners v. . MagninSupreme Court of North Carolina · 1878
  4. Douglass v. . R. R.Supreme Court of North Carolina · 1890

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