Norfolk & Southern Railroad v. Dill
Supreme Court of North Carolina
Civil ACTION tried on appeal from .a justice’s court, before Bondi, J., and a jury, at October Term, 1916, of CkaveN. The action to recover an amount claimed for freight on a car-load of flour to the amount of $115.50 and said to be due 22 December, 1910, was instituted'before a justice’s court in said county on 18 July, 1913, and on general denial of liability the cause was tried and judgment given for plaintiff.
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Civil ACTION tried on appeal from .a justice’s court, before Bondi, J., and a jury, at October Term, 1916, of CkaveN. The action to recover an amount claimed for freight on a car-load of flour to the amount of $115.50 and said to be due 22 December, 1910, was instituted'before a justice’s court in said county on 18 July, 1913, and on general denial of liability the cause was tried and judgment given for plaintiff. On appeal to the Superior Court the cause came on for trial, as stated, before his Honor, W. M. Bond, judge, and a jury, at October Term, 1915, and, on motion, defendant was allowed…
1Opinion of the CourtHoKe, J.
In Lefler Bros. v. Lane Co., 170 N. C., 181, speaking to the power of amendment now vested in the Court, and its proper exercise, the Court said: “Under the statutes regulating our present system of procedure, Revisal 1905, sec. 507 et seq., and numerous decisions construing the same, the power of amendment has been very broadly conferred and may and ordinarily should be exercised in “furtherance of justice,” unless the effect is to add a new cause of action or change the subject-matter thereof, and our cases on the subject hold that where the amendment is germane to the original action,…
2Cases cited17 opinions
- Ely v. . EarlySupreme Court of North Carolina · 1886
- Renn v. . R. R.Supreme Court of North Carolina · 1915
- Hurst, Miller & Co. v. EverettSupreme Court of North Carolina · 1884
- Lassiter v. Railroad Co.Supreme Court of North Carolina · 1904
- Brumble v. . BrownSupreme Court of North Carolina · 1874
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Capps v. . R. R.Supreme Court of North Carolina · 1922
- Goins v. . SargentSupreme Court of North Carolina · 1929
- Dorsey v. . CorbettSupreme Court of North Carolina · 1925
- Capps v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1922
- Nassaney v. . CullerSupreme Court of North Carolina · 1944
2 more not listed; retrieve them via the Exa API.