Nance v. Carolina Central Railway Co.
Supreme Court of North Carolina
Jurisdiction -- Justice of the Peace. Civil ActioN brought in a Justice’s Court in the county of Bladen, in which the plaintiff recovered of defendant company, the value of a cow which was killed by an employee of the company, while running an engine and cars on its road.
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Jurisdiction -- Justice of the Peace. Civil ActioN brought in a Justice’s Court in the county of Bladen, in which the plaintiff recovered of defendant company, the value of a cow which was killed by an employee of the company, while running an engine and cars on its road. The defendant appealed to the Superior Court of said county and the judgment of the Justice was affirmed at Chambers, on September 8th, 1875, by McKoy, J. From the judgment of His Honor, the defendant appealed to the Supreme Court.
1Opinion of the CourtBynum, J.
There was some dispute between the counsel, whether a supplemental statement at the foot of the case as stated and signed by the counsel for plaintiff" and defendant, was a part of the case for this Court. The supplemental statement is not signed by either counsel and, therefore, unless it had been agreed to be a part of the case, we can decide the case only on the signed statement and the record.
The action was instituted, doubtless, under the Rev. Code, ch. 17, § 7,- which was improvidently brought' forward in Bat. Rev. ch. 16, § 10, as the existing law, and1 thus misled the plaintiff But,…
2Cases cited1 opinion
- Heptinstall v. . RueSupreme Court of North Carolina · 1876
3Cited by5 opinions
- Boing v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1882
- Krider v. . RamsaySupreme Court of North Carolina · 1878
- Barneycastle v. . WalkerSupreme Court of North Carolina · 1885
- Malloy v. City of FayettevilleSupreme Court of North Carolina · 1898
- Malloy v. . FayettevilleSupreme Court of North Carolina · 1898