Ramsay v. Richmond & Danville Railroad
Supreme Court of North Carolina
Civil ActiON for damages tried at Fall Term, 1883, of Gaston Superior Court, before Gilmer, J. The plaintiff in his complaint alleges : 1. That the defendants (Richmond & Danville and Atlanta & Charlotte Air-Line) are railroad corporations owning and operating a railroad from Charlotte in this state to Atlanta in Georgia. 2. That, on November 10th, 1882, the defendants’ train wilfully and negligently ran over and killed a mule belonging to him, that had strayed off and was…
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Civil ActiON for damages tried at Fall Term, 1883, of Gaston Superior Court, before Gilmer, J. The plaintiff in his complaint alleges : 1. That the defendants (Richmond & Danville and Atlanta & Charlotte Air-Line) are railroad corporations owning and operating a railroad from Charlotte in this state to Atlanta in Georgia. 2. That, on November 10th, 1882, the defendants’ train wilfully and negligently ran over and killed a mule belonging to him, that had strayed off and was upon the track of their road, without his fault, near Gastonia in this state, of the value of $175, to recover damages…
1Opinion of the CourtSmith, C. J.
The right of the defendants at once to appeal from a judgment over-rulling a demurrer to the complaint is expressly declared in the case of the Commissioners of Wake v. Magnin, 78 N. C., 181, and has been repeatedly recognized and acted on since.
We think all the assigned causes of demurrer are insufficient under the ruling in a case to which much consideration was given, referred to in the argument for the plaintiff, by the authority of which we abide. Stanly v. Railroad, 89 N. C., 331.
The defence here setup, in substance, is the omission to aver an incorporation of the respective companies…
2Cases cited3 opinions
- Stanly v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Phillips v. North Carolina Rail-RoadSupreme Court of North Carolina · 1878
- State Ex Rel. Commissioners of Wake County v. MagninSupreme Court of North Carolina · 1878
3Cited by11 opinions
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Fisher v. Insurance Co.Supreme Court of North Carolina · 1904
- Griffin v. Asheville Light Co.Supreme Court of North Carolina · 1892
- Pender v. . MallettSupreme Court of North Carolina · 1898
- Shelby v. . R. R.Supreme Court of North Carolina · 1908
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