Thomason v. Railroad
Supreme Court of North Carolina
ActioN by Henry Thomason and wife against the Seaboard Air Line Railway Company, heard by Judge B„ B. Jones and a jury, at the February Term, 1906, of the Superior Court of VaNCB. This action is prosecuted for the purpose of recovering damage alleged to have been sustained by plaintiffs by reason of a nuisance maintained by defendant.
Read the full summary
ActioN by Henry Thomason and wife against the Seaboard Air Line Railway Company, heard by Judge B„ B. Jones and a jury, at the February Term, 1906, of the Superior Court of VaNCB. This action is prosecuted for the purpose of recovering damage alleged to have been sustained by plaintiffs by reason of a nuisance maintained by defendant. It appears from the record that at the institution of the suit plaintiffs filed a complaint setting forth several causes of action, to which defendant demurred. The demurrer to each cause of action was sustained at October Term, 1905, and leave given plaintiffs…
1Opinion of the Court
OoNNOR, J.,
after stating the case: It will be convenient to first dispose of defendant’s exception to his Honor’s refusal to sustain the fourth cause of demurrer. This calls into question the right of plaintiffs, upon the allegation in the complaint, to proceed with their proof. If this contention be correct, it becomes unnecessary to examine the other exceptions. The question presented by the demurrer is both interesting and. important. It has been so frequently and so thoroughly considered and discussed by courts of the highest authority that but little is left to be done save to apply…
2Cases cited13 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848
- Wright v. . the City of WilmingtonSupreme Court of North Carolina · 1885
- Bates v. . HolbrookNew York Court of Appeals · 1902
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Joyce McKiver v. Murphy-Brown, LLCCourt of Appeals for the Fourth Circuit · 2020
- Dorsey v. Town of HendersonSupreme Court of North Carolina · 1908
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Jenkins v. City of HendersonSupreme Court of North Carolina · 1938
- Taylor v. Chicago, Milwaukee & St. Paul Railway Co.Washington Supreme Court · 1915
7 more not listed; retrieve them via the Exa API.