Kenney v. Seaboabd Air Line Railway Co.
Supreme Court of North Carolina
-Appeal by defendant from Peebles, J., at November Term, 1913, of Bertie. This is an action to recover damages for tbe alleged negligent killing of tbe plaintiff’s intestate, tried under tbe Federal Employer’s Liability Act.
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-Appeal by defendant from Peebles, J., at November Term, 1913, of Bertie. This is an action to recover damages for tbe alleged negligent killing of tbe plaintiff’s intestate, tried under tbe Federal Employer’s Liability Act. The defendant moves in tbe Supreme Court to dismiss tbe action for failure to allege in tbe complaint that there are persons living who have a reasonable expectation of pecuniary benefit from tbe continuance of tbe life of the deceased, or next of kin who are dependent upon him. Tbe plaintiff moves to amend tbe complaint. Evidence was introduced on tbe trial without…
1Opinion of the Court
AlleN, J.(1) The Supreme 'Court has .the power to allow amendments to process and pleadings (Revisal, sec. 1545), and in. the exercise of that power the motion of the plaintiff to amend the complaint by alleging that there are beneficiaries and other facts connected therewith, is granted, without passing on the sufficiency of the complaint as it now stands.
The defendant will have leave to traverse the allegations of the amendment, if so advised.(2) No exception is relied on in the brief of the appellant, relating to the issue of negligence, except upon the refusal to nonsuit, which was…
2Cases cited6 opinions
- Dooley v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Aiken v. BruenIndiana Supreme Court · 1863
- Irvin v. Southern Railway Co.Supreme Court of North Carolina · 1913
- Allen v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1907
- City of Rock Island v. McEniryAppellate Court of Illinois · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cobia v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1924
- Irvin v. . R. R.Supreme Court of North Carolina · 1913
- Midwest Refining Co. v. GeorgeWyoming Supreme Court · 1929
- In Re BaileySupreme Court of North Carolina · 1920
- Weireter v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
7 more not listed; retrieve them via the Exa API.