Forney v. Black Mountain Railroad
Supreme Court of North Carolina
Appeal by defendant from Foushee, J., at November Term, 1911, of Mitchell. The facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Clark.
1Opinion of the CourtClasrk, C. J.
This is an appeal from a refusal of a motion to remove the cause from Mitchell County to Yancey. The plaintiff is a resident of Yancey County. The defendant is a railroad company, having its principal place of business in Yancey, with its line partly in Mitchell and partly in Yancey. The cause of action is a personal injury which occurred in Yancey County.
This case falls directly under the proviso in Eevisal, 424, that “an action against a railroad shall be tried either in the county where the cause of action arose or in the county where the plaintiff resided at the time the cause of action…
2Cases cited2 opinions
- Propst v. RailroadSupreme Court of North Carolina · 1905
- Perry v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1910
3Cited by1 opinion
- John P. Nutt Corp. v. Southern Railway Co.Supreme Court of North Carolina · 1938