Kesterson v. Southern Railway Co.
Supreme Court of North Carolina
ActioN to recover damages for personal injury, tried before Gooke, J., and a jury, at March Term, 1907, of the Superior Court of BuNcombe County. The court submitted the usual issues of negligence, contributory negligence, and damages. The jury found for plaintiff on all issues. Erom the judgment rendered the defendant appealed.
1Opinion of the CourtBeowN, J.
1. Tbe defendant set np in its answer tbe pendency of an action between tbe plaintiff and defendant for tbe same canse of action set np in tbe plaintiff’s complaint in tbis action, wbicb action was begun, before tbis action was commenced, in tbe Superior Court of Buncombe County, and was tbence removed to tbe Circuit Court of tbe United States.
It is found as a fact tbat, at tbe time of tbe issuing of tbe summons in tbis action, tbe other action was pending in tbe Circuit Court of tbe United States, but tbat a judgment of nonsuit bad been entered therein before tbe complaint in tbis action bad…
2Cases cited5 opinions
- Thomas v. . WinchesterNew York Court of Appeals · 1852
- Gordon v. GilfoilSupreme Court of the United States · 1879
- Curtis v. Piedmont Lumber & Mining Co.Supreme Court of North Carolina · 1891
- A. M. Sloan & Co. v. McDowellSupreme Court of North Carolina · 1876
- Parsons v. RockwellCourt of Appeals for the Fourth Circuit · 1894
3Cited by5 opinions
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- Lehrer v. EDGECOMBE MANUFACTURING COMPANYCourt of Appeals of North Carolina · 1972
- Allen v. McDowellSupreme Court of North Carolina · 1952
- Mumpower v. Black Mountain Railway Co.Supreme Court of North Carolina · 1917