Clements v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Connor, J., at August Term, 1919, of Wayhe. This action was brought by plaintiff against the Southern Railroad Company, and W. D. Hines, Director General of Railroads, for personal injuries sustained 20 December, 1918. The summons was served by reading and delivering a copy to W. B. Devlin, “the local agent” of the Southern Railroad Company at Goldsboro, N. C. That company entered a special appearance before the clerk of the Superior Court, and moved for the…
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Appeal from Connor, J., at August Term, 1919, of Wayhe. This action was brought by plaintiff against the Southern Railroad Company, and W. D. Hines, Director General of Railroads, for personal injuries sustained 20 December, 1918. The summons was served by reading and delivering a copy to W. B. Devlin, “the local agent” of the Southern Railroad Company at Goldsboro, N. C. That company entered a special appearance before the clerk of the Superior Court, and moved for the dismissal of the action as to that company on the ground that W. B. Devlin was not agent of said company because its…
1Opinion of the CourtClark, C. J.
The refusal of a motion to dismiss an action is not appealable, but the defendant should enter his exceptions and appeal from the final judgment, should it be against him, Johnson v. Reformers, 135 N. C., 387, and numerous other cases cited 1 Pell’s Rev., 313.
But the allowance of a motion to dismiss is final, and of course appealable.
The plaintiff, while operating, as locomotive fireman, a switching engine of the defendant company, and in obeying the orders of the engineer in charge thereof, and by reason of defective appliances, was severely injured, losing bis left leg at the knee joint and…
2Cases cited9 opinions
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Rutherford v. Union Pac. R.District Court, D. Nebraska · 1919
- Grady v. Richmond & Danville RailroadSupreme Court of North Carolina · 1895
- Johnson v. McAdooDistrict Court, E.D. Louisiana · 1919
- Jensen v. Lehigh Valley R.District Court, S.D. New York · 1919
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Logan v. . R. R.Supreme Court of North Carolina · 1895
- Cox v. CoxSupreme Court of North Carolina · 1957
- Parker v. . R. R.Supreme Court of North Carolina · 1921
- State Ex Rel. Meyer v. District CourtMontana Supreme Court · 1936
17 more not listed; retrieve them via the Exa API.