Hendrix v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from WhedSbee, J., at October Term, 1912, of Guilford. This is an action to recover damages. Tbe plaintiff alleges in bis complaint: 1. Tbat plaintiff is a citizen and resident of the county of Guilford, State of North Carolina. 2. Tbat at tbe times hereinafter mentioned tbe defendant was and is now a corporation organized and existing under and by virtue of tbe laws of tbe State of Virginia, and owned, maintained, controlled, and operated witbin tbe…
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Appeal by defendant from WhedSbee, J., at October Term, 1912, of Guilford. This is an action to recover damages. Tbe plaintiff alleges in bis complaint: 1. Tbat plaintiff is a citizen and resident of the county of Guilford, State of North Carolina. 2. Tbat at tbe times hereinafter mentioned tbe defendant was and is now a corporation organized and existing under and by virtue of tbe laws of tbe State of Virginia, and owned, maintained, controlled, and operated witbin tbe State of North Carolina and elsewhere a system of railroads known as tbe Southern Railway, and was and is engaged in tbe…
1Opinion of the CourtAllen, J.
Tbe demurrer admits all of tbe allegations made by tbe plaintiff, and if any part of tbe complaint presents facts sufficient to constitute a cause of action, or if facts sufficient for tbat purpose can be gathered from it, under a liberal construction of its terms, tbe pleading will be sustained. Brewer v. Wynne, 154 N. C., 471.
Under tbis rule, it is admitted tbat tbe defendant bas entered upon tbe land in controversy and bas removed 6,000 cubic yards of dirt, when it was not necessary to do so in tbe use of tbe right of way, and for tbe sole purpose of filling at other places, which is an…
2Cases cited1 opinion
- Railroad v. OliveSupreme Court of North Carolina · 1906
3Cited by20 opinions
- North Carolina Public Service Co. v. Southern Power Co.Supreme Court of North Carolina · 1919
- Pridgen v. . PridgenSupreme Court of North Carolina · 1925
- Hartsfield v. . BryanSupreme Court of North Carolina · 1919
- Sexton v. . FarringtonSupreme Court of North Carolina · 1923
- Atlantic Coast Line Railroad v. BuntingSupreme Court of North Carolina · 1915
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