Smith v. . Patterson
Supreme Court of North Carolina
Appeal from Lyon, J., at March Term, 1912, of MECKLEN-BURG. Civil action, beard on motion for change of venue from the county of Mecklenburg, where same was instituted, to the county of Henderson, North Carolina.
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Appeal from Lyon, J., at March Term, 1912, of MECKLEN-BURG. Civil action, beard on motion for change of venue from the county of Mecklenburg, where same was instituted, to the county of Henderson, North Carolina. The action was to recover damages for the death of intestate’, caused by the movements and operation of an engine of defendant company attributed to the negligence of the company and of E. L. Patterson, the engineer and employee of defendant company at the time of the killing. The court denied the motion and entered judgment embodying the relevant facts in terms as follows: “This…
1Opinion of the Court
Hoke, J.,
after stating the case: The validity of his Honor’s ruling is dependent upon the proper construction of section' 424, Revisal, in terms as follows: “In all other cases the action shall be tried in the county in which the plaintiffs or the defendants, or any of them, shall reside at the commencement of the action; or if none of the defendants shall reside in the State, then in the county in which the plaintiffs, or any of them, shall reside; and if none of the parties shall reside within the State, then the same may be tried in any county which the plaintiff shall designate in his…
2Cases cited4 opinions
- Illinois Central Ry. Co. v. Stith's Adm'xCourt of Appeals of Kentucky · 1905
- Whitford v. North State Life InsuranceSupreme Court of North Carolina · 1911
- Roberson v. Greenleaf Johnson Lumber Co.Supreme Court of North Carolina · 1910
- Early v. DouglassCourt of Appeals of Kentucky · 1901
3Cited by9 opinions
- Thompson v. Norfolk Southern Railway Co.Court of Appeals of North Carolina · 2000
- Brown, Admr. v. Perry, Jr.Supreme Court of Vermont · 1931
- State Ex Rel. Seattle National Bank v. JoinerWashington Supreme Court · 1926
- Hannon v. Southern Power Co.Supreme Court of North Carolina · 1917
- Wiggins v. FinchSupreme Court of North Carolina · 1950
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