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HomeMy WebLinkAboutRailroad Records 1884 (part 1) iN) ra NORTH CAROLINA, In THE Justice’s Court, IREDELL COUNTY. Berore A. M. Waxxer, J. P. John F. McLean, Plaintiff, vs. i The Charlotte, Columbia & Augusta : Railroad Company, and The At- j Complaint. lantic, Tennessee & Ohio Railroad Company, Defendants. j The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Oarolina, the one by the name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “The Atlantic, Tennes- see and Ohio Railroad Company.” If. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions; and by said railroad line the distance from Statesville to Charlotte is 44 miles and from Mooresville to Charlotte is 28 miles. - f Til. Thaton the 7 day of LOEL. 1887, the plaintiff, on behalf of his firm of J. F. McLean & Co., deliv ered to the defendant,.The Charlotte, Columbia & Augnsta Railroad Company, at Mooresville depot, and said defendant then and there received from him _//- 7 bales of cotton con- signed to parties in Philadelphia, Penn., to, be- transported over said railroad to Charlotte by said defendant and thence forwarded to: Philadelphia, and) said. defendant did so trans- port the same and charged‘hiin and required him to pay and he did pay to said defendant a greater amount as toll and compensation for the transportation, of said: cotton from Mooresville to Charlotte than said defendant at that. time charged for the transportation of an equal quantity of the same Class of freight an equal distance and in the same direc- tion over said railroad ; the said defendant charging him from Mooresville via Charlotte to Philadelphia 72 cents per 100 pounds, of which amount said defendant took out 20cents per 100 pounds as its own toll for transporting the same from Mooresville to. Charlotte, 28 miles; when; at the same. time said:defendant chargedas. toll and compensation: for trans. porting from Statesville to Charlotte, over said railroad, the same class of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia. the place vf con- signment, only 60 cents per 100 pounds, of which amount said defendant took out but 11 cents per 300 ponnds as its own toll for transporting the same from Statesville to Charlotte, 44 miles, IV. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the towns of Charlotte and Statesville and concerned and interested in the operation of the same by its co-defendant. The Charlotte, Columbia and Augusta Railroad Jomphny, and permitting its said co-defendant to use and matage the same in the unjaw- ful manner hereinbefore describal, to the injary of plaintiff by discriminating charges agains him as a shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with knovledge of said unlawful user and operation of said railroad byits said co-defendant. V.. That plaintiff sues for ani claims from the said de- fendants the penalty of two hundied dollars incurred as afore- said under Act of Assembly, 187475, chapter 240, section 1; Code, § 1966. Wherefore plaintiff demands jaigment against the defend- ants for said sum of $200 and cost of action. BOBBINS & LONG, Attorneys for Plaintiff. SUPERIOR COURT, Spring Term, 1885. Trepett County. John F. McLean, Plaintiff, } 5 Te) Amendment to The Charlotte, Columbia & Augus- Complaint. ta Railroad Company, Defendant. oe The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Oom- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiffs Attorneys. 2 (en CF ns ce wt: NORTH CAROLINA, ) JUSTICE’S COURT, Iredell. County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, } AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA Aecwnk. RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants | The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: I. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph, ITI. Denies the allegations contained in the third paragraph. LV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defenco— That the right of its co-defendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its cburter, being an act of the tseneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroua,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ux were alse accepted by said company, und constitutes as this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the suid General Assembly, by virtue of said act of incorporation, and those amen- datory thereof, so passed before the constitution adopted in 1868, conferred upon its co defendant ubsolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rex! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as aforesaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe. cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof us was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Columbia and Augnata Railroud Company, Defendant. NORTH CAROLINA, 1 Justice's Court, Iredell County, j Before A. M. Wacker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raitroad Company, Defendant, is a corpora. tion; that he is an officer thervof, to wit, a: Director; that the foregoing answer is true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed betore me, this 14th day of October, 1884. JOHN F. McLEAN AGAIITST The C., C. & A. BR. Co, n And the A., T. & 0. R. R. Co. ANSWER BAILEY, Attorney. Lrectalé. 2. Gaunttics Di ES . ee, AY, Ae. i tih a ra CCP LE e cet " Le fp ow : igh pr Lite, Lb. Clamaaet ed Oe a OP AFL... iho pe t ae (Siwet ed. ae Mea2ee feet. A The eee b Tipe Sa eee - Yf ? 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Ly, t A 29S ILE, ee -L AMffe cat CYL DA 0. ty oe Ak TF a 5 ag hte nite CZ, 7. . nthe NC Eo fhe A av Le1’ 4: Ler vols Sh iG rm COL y when fa fet Cd Git-27? 14 TA er f ~ L a , a ee. et Foo ae ie ge ante Pee Aa be So oS NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, } AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA { Aedu we RAILROAD COMPANY, AND THEATLANTIC, : TENNESSEE & OHIO RAIROAD COMPANY, Defendants | The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: 1. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislavares of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph, III. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defenco— That the right of its co-lefendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the (ieneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroad,” ratified the 17th day of December. 1862, and such other amendatory acts of suid General Assembly, us were also accepted by said company, and constitutes as this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the suid General Assembly, by virtue of said act of incorporation, and those amen- datory thereof, so passed before the constitution adopted in 1868, conferred upon its co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rex! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for aterm of ninety nine years, which lease iy still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease ; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as afvresaid, by virtue of the said léase, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- late, unqualified and unlimited right to adopt and fix any tariff or cbarge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Columbia and Auyusta Railroad Compuny, Defendant. NORTH CAROLINA, -} Justice's Court, Iredell County, Before A. M. Waker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Railroad Company, Defendant, is a corpora- tion; that he is an officer thercof, to wit, a Director; that the foregoing avswer is true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed betore me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C., C. & A. R. R. Co., And the A., T. & O. R. RB. 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Q Ge Se Hb Aacfecteee patap reall Cat a Coe patie Ta fe« Lert Tt mele ge Pee fe a afi HAT er 4 tote fee Mbt bien ky noel | Ge te (balmay of eZ pri at Fee. asi sate tpg. @ uy eis ee foto ofaret M22 Pocnuaclee g Mf OS ae Pores Venctotto 2x ee peu atte en ee teva, olay Thawcp ip ome. COL fefrrt anee ODD ear of foe ! and we Zurn. tire ar 4 flack ( He fore his, ot fepcace Af fx ye Mera, Cnfitorh arr wstderetecwtt fleck SH patlita inAerolnee, epee ane: weg exocetee to Sep oe i apes eel Le ig Lbs, pe ap ay Str 4. ltza-- Pace SS - ‘bo py YI4 J 107th wy a fade To 7) PACE AAQH Bhi J ( Ppget eee LE Mee. fo tarrcsed 7 tery ASG a Ke Af Gwe /} G —~ f¥-< (- tf Popo OS apr PeLKCI Ar 2 ODS, NORTH CAROLINA, IN THE JusTIcE’s Court, IREDELL COUNTY. Brrore A. M. Wa ker, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta . Railroad Company, and The At- P Complaint. lantic, Tennessee & Ohio Railroad Company, Defendants. J The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Oarolina, the one by the ‘name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “ The Atlantic, Tennes- see and Ohio Railroad Company.” Il. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, asing, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions ; and by said railroad line the distance from Statesville to Charlotte is 44 miles and from Mooresville to Charlotte is 28 Yhiles. Ill. Thatonthe J” day of Ge be , 1887 , the plaintiff, on behalf of his firm of J. F. McLean & Co., deliv ered to the defendant, The Charlotte, Columbia «& Augusta Railroad Company, at Mooresville depot, and said defendant then and there received from him 2@_ bales of cotton con- signed to parties in Philadelphia, Penn., to be transported over said railroad to Charlotte by said defendant and thence forwarded to Phiiadelphia, and said defendant did 0 trans- port the same and charged him and required him to pay and he did pay to said defendant a greater amount as toll and compensation for the transportation of said cotton from Mooresville to Charlotte than said defendant at that time charged for the transportation of an equal quantity of the same class of freight an equal distance and in the same direc- tion over said railroad ; the said defendant charging him from Mooresville via Charlotte to Philadelphia 72 cents per 100 pounds, of which amount said defendant took out 20 cents per 100 pounds as its own toll for transporting the same from Mooresville to Charlotte, 28 miles, when at the same time said defendant chargedas toll and compensation for trans. porting from Statesville to Charlotte, over said railroad, the same class of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia. the place of con- signment, only 60 cents per 100 pounds, of which amount said defendant took out but 11 cents per 100 pounds as its own toll for transporting the same from Statesville to Oharlotte, 44 miles. IV. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the towns of Charlotte and Statesville and concerned and interested in the operation of the same by its co-defendant, The Charlotte, Columbia and Augusta Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- ful manner hereinbefore described, to the injury of plaintiff by discriminating charges against him as a shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with knowledge of said unlawful user and operation of said railroad by its said co-defendant. ¥. That plaintiff sues for and claims from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, 1874~75, chapter 240, section 1; Oode, § 1966. Wherefore plaintiff demands judgment against the defend- ants for said sum of $200 and costs of action. ROBBINS & LONG, Attorneys for Plaintiff. The Charlotte, SUPERIOR COURT, sala tea nth TnepeL. OCounTy. John F. McLean, Plaintiff, since rs. Columbia & Augus- Complaint. ta Railroad Gompany, Defendant. is a The Plaintiff, by leave of the Court at this Term, takes nonsuit as to the Atlantic, Tennessee & Ohio oe Com- pany, and amends his foregoing Complaint by striking out all aicgilies therein made directly against said Company and all relief prayed for against it, and ado} Complaint against the sole remaining de- pts said Complaint so amended as his i i Com- fendant, The Charlotte, Columbia & Augusta Railroad mands judgment against it alone as prayed for pany, and de therein. | ROBBINS & LONG, Plaintiff's Attorneys. f, 4 ~~ . way re c ft OF “NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THE ATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants ANSWER. The Defendant, The Charlotte, Columbian & Augusta Railroad Company, answering the complaint herein: 1. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. IT. Admits the allegation contained in the second paragraph, ITT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co-defendant to exact tolls or charges for treights shipped over said road, or any part thereof, is regulated by its cburter, being an act of the tveneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroad,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ax were also accepted by said company, and constitutes ax.this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of said act of incorporation, and those amen- datory thercof, so passed before the constitution adopted in 1868, conferred upon iis Go defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rei! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as aforesaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road.or any part thereof as was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, t Justice’s Court, Iredell County, Before A. M. WaLxer, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Railroad Company, Defendant, is a corpora- tion; that he is an officer thercof, to wit, a Director; that the foregoing answer is true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed betore me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C., C. & A. R. R. Co., And the A., T.& 0. R. RB. Co. ANSWER. Le Py ALA ©. BAILEY, Attorney. 3 er 42277 Chas ie aos LE Pe Gr ee SEI) AnA t2—- oa ies wt TB Qaed Bet 2K pic lar fo in tet (Ze ee ae > Me OfparEe y : pe. fie a ae bs Afi: ye AE ee ea get Be: 70 4 ee ecAa = ee eens i414 Wa 84.2 a ee ALrecet Got Ae Liens pe i pe gis Hi Di Sea oe Deeb Lis Pee Be rue. | a oe A ey AL, JSECE wz PM an We Ta Ata &- ed ARORA. Go A - €eR Dhe To Bee Lgeron Gott f pudill b seotlig, An offical haved 2 iae es ae rattir2rt ty Pht Afucdonta SAM, Yalhia pnshias hefcu uherr the cand wat Mid obs ceelify KY tL. Len fre rttitbrergl i aakires a Wa 10 hag cof Le Lit / OF at” Te degen y (He J Enns iff ngs. bie ee ee ek 7 bad forrk ee . a2 A a dfundtorilt eet atk Hsccavith. ttaad tha eri2.ittrid wtu aH Ate oe Of f- AA Wp 6 Lae tH A before QILt, age: COM vol vet 5 the Be i 44tk aa fete at. 2EL caffe ty Lillon2cza rat mathe. se al ae. eee oo a ee oe CLDVILET oy ty cate 222 ks, ee Cee 4? i LE XA tbr ae es eae 2 fu Ao eG. cg 4 4 a ae C ag BUT of Mes Ba Life wood Ayre ee A £ ee btn darting aan . Lat Vee ¥ t#ive4 21722 Gb adh oF Wed achir2t AZ por ed Gaz BL see es Got ge pr col nr 2 Ts 1474 a y" ee: tw ZL Le J Lt oA te7 tT twee BE. the Jac ttl Ck-tA et 0 Yt prope oa F ie a AM, Uathe JG 4 Af AU ze a AAA CF" 472 trast VB ee Rhee HE L s eee es ? * : - . ww » > ; 4 t : a. t y t A ¢ ad Be tg? AKL } Us C* C44 ni “a 4 Z : > . j : phe H * 22 £2 S t } PHY SA ee of. Aan J 7 « NORTH CAROLINA, In tHE Justice’s Court, IREDELL COUNTY. Brrore A. M. Watxer, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta Railroad Company, and The At- lantic, Tennessee & Ohio Railroad Company, Defendants. J “ Complaint. The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the ‘name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “ The Atlantic, Tennes- ‘see and Ohio Railroad Company.” Il. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions; and by said railroad line the distance from Statesville to Charlotte is 44 miles and from Mooresville to Charlotte is 28 miles, III. Thatonthe J” dayot Oot. 1983. the plaintiff, on behalf of his firm of J. F. McLean & Co., deliv ered to the.defendant, The Charlotte, C.lumbia & Augusta Railroad Company, at Mooresville depot, and said defendant then and there received from him .2 6 bales of cotton con- signed to parties in Philadelphia, Penn., to be transported over said railroad to Charlotte by said defendant and thence forwarded to Philadelphia, and said defendant did so trans- port the same and charged him and required him to pay and he did pay to said defendant a greater amount as toll and compensation for the transportation of said cotton from Mooresville to Oharlotte than said defendant at that time charged for the transportation of an equal quantity of the same class of freight an equal distance and in the same direc- tion over said railroad ; the said defendant charging him from Mooresville via Charlotte to Philadelphia 72 cents per 100 pounds, of which amount said defendant took out.20 cents per 100. pounds as its own toll for transpor.ing the same from Mooresville to Charlotte,28 miles, when at the same time said defendant chargedas toll and compensation for trans- porting from Statesville to Chotte, over said railroad, the same class of freight, to-wit, con in bales, shipped from Statesville via Charlotte to Phdelphia, the place of con- signment, only 60 cents per 100 pnds, of which amount said defendant took out but 11 cents r 100 pounds as its own toll for transporting the same fronftatesville to Charlotte, 44 miles. IV. That the other defendit, The Atlantic, Tennessee and Ohio Railroad Company, iand was at said date the owner of the aforesaid railroad ¢ending between the towns of Charlotte and Statesville and mcerned and interested in the operation of the same by its »-defendant, The Charlotte, Columbia and Augusta Railroad ompany, and permitting its said co-defendant to use apd mange the same in the unlaw- ful manner hereinbefore describe, to the injury of plaintiff by discriminating charges againsthim as a shipper of freight as aforesaid over said railroad owed by it, and, as plaintiff is informed and believes, with knowedge of said unlawful user and operation of said railroad by ts said co-defendant. Y. That plaintiff sues for ant claims from the said de- fendants the penalty of two hunded dollars incurred as afore- said under Act of Assembly, 1874/°75, chapter 240, section 1; Code, § 1966. Wherefore plaintiff demands judgment against the defend- ants for said sum of $200 and costs of action. ROBBINS & LONG, ' Attorneys for Plaintiff. SUPERIOR COURT, Spring Term, 1885. TrepeL.. County. John F. McLean, Plaintiff, } . f Amendment to vs. The Charlotte, Columbia & Augus- Complaint. ta Railroad Company, Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and deinands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiffs Attorneys. NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST | THE CHARLOTTE, COLUMBIA & AUGUSTA | 4 RAILROAD COMPANY, AND THEATLANTIC, ¢ “SSWEE: TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: 1, Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph. III. Deniex the allegations contained in the third paragraph. LV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co-lefendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the General Assombly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroaa,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ax were also accepted by said company, and constitutes as this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of said act of incorporation, and those amen- datory thereof, so passed before the constitution adopted in 1868, conferred upon irs co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, reil estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co-defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as afuresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, } Justice’s Court, Iredell County, Before A. M. Wa.xker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raitroad Company, Defendant, is a corpora. tion; thut he is an officer thereof, to wit, a Director ; that the foregoing answer is true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed before me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST ine GC) @ Ae 3B Re Go. And the A., T.& O. RB. R. Co. ANS 1W ER. LOD 4 of LLL, BAILEY, Attorney. Pe4h but ee er hfe ea Vicon ee Lege nt a eee : Ls CZ ciao bebe. ae ee ee ho nae lazeol Ztget el Ae Fast ne \Arsencee tA | ess y PEL. Tze ME. Lite. Z “LAL co Y .. 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L tendireal fudgement a MM ferro Plantify tinsel. Cau aut holo. enetent for. Sol bY ye € and fer Me fusrtl 9 ALIAS bef 0 s GH Crzphcn | fou tins: Coongt KfEze ted Ce OOM ath, bag, _ np Bod gop Td ge Ae. LlbetG 0 a 2 (a Kove tpn Petereren as c oe: Z YY & £ v Ot tee ee / rs iv Jf | | VE CCL LB Le nXU8.E, pe 7 Yj NORTH CAROLINA, In tHe Justice’s Court, IREDELL COUNTY. Berore A. M. Waker, J. P. John F. McLean, Plaintiff, | Railroad Company, and The At- lantic, Tennessee & Ohio Railroad Company, Defendants. J vs. The Charlotte, Columbia & Augusta t Complaint The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the name of “The Charlotte, Columbia and Augusta Railtead Company,” and the other by that of “The Atlantic, Tennes- see and Ohio Railroad Company.” Il. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions; and by said railroad line the distance from Statesville to Charlotte is 44 miles and from Mooresville to Charlotte is 28 miles. Ill. Thatonthe /2 dayor eZ 1983, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered to the defendant, The Charlotte, Columbia & Augusta Railroad Company, at Mooresville depot, and said defendant then and there received from him 7 bales of cotton con- signed to parties in Philadelphia, Penn., to be transported over said railroad to Charlotte by said defendant and thence forwarded to Philadelphia, and said defendant did so trans- port the same and charged him and required him to pay and he did pay to said defendant a greater amount as toll and compensation for the transportation of said cotton from Mooresville to Charlotte than said defendant at that time charged for the transportation of an equal quantity of the same class of freight an equal distance and in the same direc- tion over said railroad ; the said defendant charging him from Mooresville via Charlotte to Philadelphia 72 cents per 100 pounds, of which amount said defendant took out 20cents per 100 pounds as its own toll for transporting the same from Mooresville to Charlotte,28 milés, when ‘at the same time said defendant charged as toll and compensation for trims. porting from Statesville to Charlotte, over said railroad, the same class of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia, the place of con- signment, only 60 cents per 100 pounds, of which amount said defendant took out but 11 cents per 100 pounds as its own toll for transporting the same from Statesville to Charlotte, 44 miles. IV. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the towns of Charlotte and Statesville and concerned and interested in the operation of the same by its co-defendant, The Charlotte, ‘Columbia and Augusta Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- ful manner hereinbefore described, to the injury of plaintiff by discriminating charges against him as a shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with knowledge of said unlawful user and operation of said railroad by its said co-defendant. V. That plaintiff sues for and claims from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, 187475, chapter 240, section 1; Oode, § 1966. Wherefore plaintiff demands judgment against the defend- ants for said sum of $200 and costs of action. ROBBINS & LONG, Attorneys for Plaintiff. SUPERIOR COURT, Spring Term, 1885, Trepgt. County. Jolin F. McLean, Plaintiff, vs. Amend t to The Charlotte, Columbia & Augus- Complaint. ta Railroad Company, Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiff's Attorneys, NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, } AGAINST | THE CHARLOTTE, COLUMBIA & AUGUSTA { ‘Kina wuk RAILROAD COMPANY, AND THEATLANTIC, : TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: 1. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. IT. Admits the allegation contained in the second paragraph. ITI. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph, V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defenco— That the right of its co-defendant to exact tolla or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the tteneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of Febrnary, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Ruilrona,” ratified the 17th day of December. 1862, and such other amendatory xets of said General Assembly, as were also accepted by said company, and constitutes as this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the suid General Assembly, by virtue of said act of incorporation, and those amen- datory thereof, so passed before the constitution adopted in 1868, conferred upon its co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of. said railroad, fix- tures, appliances, appurtenances, res! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for aterm of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and withont any aid or co-operation of its co-defendant, its co defendant having no interest in or.control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease ; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as afuresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Colambia and Augusta Railroad Company, Defendant. NORTH CAROLINA, ) Justice’s Court, Iredell. County, § Before A. M. Warxer, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Ruaiiroad Company, Defendant, is a cerpora- tion; that heis an officer thercof, to wit, a Director; that the foregoing answer ix true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed betore me, this 14th day of October, 1884. JOHN F. McLEAN AGAIITST The 6.6. @ AR. A, And the A., T. & 0. Bart iba te BAILEY, Attorney. Ob tp: we tp i hi a Io pee eet 8 fondue fe Mb tn B ) 7 Fug P55 Lorglecage, ie | | fo arr tiins ee Dibadn eee ~ ray a joe Mee Cereef lanl a heen: tee ps ey pce Porsnnnnct A Os CCL a ae fi oe 83 atl Ay tober BE: ie Ctiscitetdit geithA. 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SSS eee E——E SE EEE = S= ae ee eet ae - We ry f Sti ae CEL OECGARK alY-@ LR. Bre. It Ye shapaner oo Bor ly: aa. thd athens hey Ma IPAM Valles Whe gather tfc wher We conde vind Ibis DALE*OWO d Fa el minh | srhich ar hasta Palit 13 54 atarred before ar at ty LtVlr2 Ls : # : jaar caredavced wee etic Gb, palica interne uridener ard aspunerer le by My torts’ | eal ad se T Ger 1S IY Jtrrdued | Agreed art bax 1S hos ! er C4 | act, a rrr WL ot A : fon tog ap Aas og Cabo a A Bede rea7ecel ther ° AP ae nee LAD Ae fg ont fo a Rat. | Oe ober Me? ACES ce sti c xe ¢ YL Basfeartter oe ws eS Fale CR Latrtir Jib 4 OUMbyL iP Z eth. 2, XA LA @. s110?~ ME: OL “ ee S ‘ ; ‘ } . y YE fa NORTH CAROLINA, ) In THE Justicr’s Court, IREDELL COUNTY. j Brerore A. M. Waker, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta | ;, . Railroad Company, and The At- } Coeieiaint lantic, Tennessee & Ohio Railroad Company, Defendants. J The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “ The Atlantic, Tennes- see and Ohio Railroad Company.” II. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” ou which Mooresville is one of the way sta- tions; and by said railroad line the distance from Statesville to Oharlotie is 44 miles and from Mooresville to Charlotte is 28 miles. — Ill. Thatonthe /? dav of Oot, » 1887, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliy ered to the defendant, The Charlotte, Columbia & Augusta Railroad Company, at Mooresville depot, and said defendant then and there received from him 24 bales of cotton con- * signed to parties in Philadelphia, Penn., to be transported over said railroad to Charlotte by said defendant and thence forwarded to Philadelphia, and said defendant did so trans- port the same and charged him and requited him to pay and he did pay to said defendant a greater amount as toll and Compensation for the transportation of said cotton from Mooresville to Charlotte than said defendant at that time chatged for the transportation of an equal quantity of the same class of freight an equal distance and in the same direc. tion over said railroad ; the said defendant charging him from Mooresville via Charlotte to Philadelphia 72 ceats per 100 pounds, of which amount said defendant took out 20 cents per 100. pounds as its own toll for transporting the same from Mooresville to Oharlatte, 28 milés, when at the éame time said defendant chargedas tol and compensation for trans- porting from Statesville to Charlotte, over said railroad. the same class of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia. the place of con- signment, only 60 cents per 100 pounds, of which amount said defendant took ont but 11 cents per 100 pounds as its own toll for transporting the same from Statesville to Charlotte, 44 miles. [V. That the other defendant, The Atlantic, Tennessee and Obio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the towns of Oharlotte and Statesville and concerned and interested in the operation of the same by its co-defendant. The Charlotte, Columbia and Augusta Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- ful manner hereinbefore described, to the injury of plaintiff by discriminating charges against him as a shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with knowledge of said unlawful user and operation of said railroad by its said co-defendant. V. That plaintiff sues for and claims from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, 1874-75, chapter 240, section 1; Code, § 1966. Wherefore plaintiff demands judgment against the defend. ants for said sum of $200 and costs of action. ROBBINS & LONG, Attorneys for Plaintiff. SUPERIOR COURT, Spring Term, 1885. Terpett Oounry, John F. McLean, Plaintiff, ; vA Amendment to The Charlotte, Columbia & Augus- Complaint. ta Railroad Company. Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Ailantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Oomplaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiff's Attorneys, eg e s LZ. om ttrs NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, } AGALNST | THE CHARLOTTE. COLUMBIA & AUGUSTA l Kee wie: RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: I, Admits thatit is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph. III. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co-defendant to exact tolls or.charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the eneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and nn act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Ruilroua,” ratified the 17th day of December. 1862, and such other amendatory acts of suid General Assembly, xs were also accepted by said company, und constitutes as this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of said act of incorporation, and those amen. datory thereof, so passed befvre the constitation adopted in 1868, conferred upon its co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo. ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rei| estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for aterm of ninety nine years, which lease is still subsisting and is duly registered accord- . ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and bave ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as aforesaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited rigbt to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof us was possessed by its co-defendant prior to the execution of said lease. } J) . c. 4 Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, ) Justice's Court, Iredell County, { Before A. M. Warker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- laumbia and Augusta Raiiroad Company, Defendant, is a corpora. tion; that he is an officer thervof, to wit, a Director; that the foregoing answer is true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed before me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C., C. & A. RB. R. Co., And the A., T. &-0. R. R. Co. ANS W. BAILEY, Attorney. Jax Gers eoshicey foun tygelt p hyihtty Pili, jos f , Balti, O42, Oa itn F Ge pieg List, Lb ibys fj 5 SoG MAL 2 | TE. mee “Ch Ltt aioe OF 22 ft 4 at At oa lal a7) Ud: Mat MV << CHAUMMAVEN, |- Gry, uate, gaa Cee | AG CLULC, Lb frarieligt & | Cher. 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A> Aly Aradiita ee dant toffee AMfie raaulie . ee LL Ly sill fa 2 he in ocaaa pe lautiva EHD Gee | Dh peso y fl Sah Ml, Vathe, @ 1g, My, | \ (Wty CeePtd sleet Lovet ; GPL E, wiiGr tS wee a] tH OCT fpr, Cae PA eee hes 4D oe efi | face Lae Boot} ye Picsedooit GLt hie _fagtng alten 4 | Acc at BE SOM AGE eA Oefi ad WD PS Phat JIFPLAAL Lins BMjeentin Mitt opt } Wd | | wyaizeati tv Artet | Ali att 4 a Thou ee he es etd oS a eZ Littl : | ie tty AEE Le a og pe! b cloak. tefot PILL | Ya Cather /4 4 +, /EE4 , i} ince a rat aecraflibes wn Keane may eho ; : 3 i ‘Z te of Lo fe fe: ord ee - a abc Angina Cua canie “ "batt eit toni ae pu bel ati. ae os ae Pte teBcneh. Lt eb eee BOL | ee ae oo LG fees . RY Eeeotl of thew aclinn Cofifisal pin | ee: bead hans“ he wedlimtty fe rtA oto ipa = a a Affi tf. een erties tal en A L273. Bhreeregs LAr fp2el ber Bhs. 2 Kifer Ane AGI ry Ctr : ae A Pouce / Bie ke Loto ME | NORTH OAROLINA, In THE Justicr’s Court, IREDELL COUNTY. BrrorE A. M. Watker, J. P. John F. McLean, Plaintiff, vs. ' The Charlotte, Columbia & Augusta . Railroad Oompany, and The At- Oomplaint. lantic, Tennessee & Ohio Railroad Company, Defendants. The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Oarolina, the one by the natne of “The Charlotte, Columbia and Augusta Railroad Odmpany,” and the other by that of “The Atlantic, Tennes- see and Ohio Railroad Company.” Il. That defendant The Charlotte, Columbia and Au- - gusta Railroad Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- teuances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- : tions ; and by said railroad line the distance from Statesville to Oharlotie is 44 miles and from Mooresville to Charlotte is 28 miles. I. Thatonthe // dayot GZ, ,1887, the plaintiff, on behalf of his firm of J..F. McLean & Co., deliy ered to the defendant, The.Charlotte, Oolambia «&: Augusta Railroad Company, at Mooresville depot, and said.defendant then and there received from him 2/ bales of cotton con- signed to parties in Philadelphia, Penn., to be transported over said railroad to Charlotte by said defendant and thence forwarded toPhiladelphia, and, said. defendant.did.so-trans- port the same and charged him and required him'to pay and he did pay to said defendant a greater amount as toll and compensation for..the transportation..of: said cotton from Mooresville to Charlotte than said defendant. at that time charged for the transportation of an equal quantity of the. same class of freight an equal distance and in. the samedirec.. tion over said railroad ; the said defendant charging him from. Mooresville via Charlotte to Philadelphia 72 cents per. 1004 pounds, of which amount said defendant took out 20 cents per . 100 pounds as its own toll for transporting the same from porting from Statesville to Chrlotte, over said railroad, the same class of freight, to-wit, ctton in bales, shipped from Statesville via Charlotte to PHadelphia, the place of con- signment, only 60 cents per 100 iounds, of which amount said defendant took ont but 11 centsper 100 ponnds as its own toll for transporting the same fron Statesville to Charlotte, 44 miles, IV. That the other defendut, The Atlantic, Tennessee and Ohio Railroad Company,i and was at said date the owner of the aforesaid railroad «tending between the towns of Charlotte and Statesville and:oncerned and interested in the operation of the same by its:o-defendant, The Charlotte, Columbia and Augusta Railroad Yompany, and permitting its said co-defendant to use and maiage the same in the unlaw- ful manner hereinbefore describdl, to the injury of plaintiff by discriminating charges agains him as a shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is. informed and believes, with knovledge of said unlawful user and operation of said railroad byits said co-defendant. Y. That plaintiff sues for‘ard claims from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, 187475, chapter 240, section 1; Code, § 1966. » Wherefore plaintiff demands judgment against. the defend- ants for said sum of #200 and costs of action. ROBBINS & LONG, Attorneys for Plaintiff. SUPERIOR COURT, Spring Term, 1885. TrepELL County. John F. McLean, Plaintiff, vs. Amendment to The Charlotte, Columbia & Augus- Complaint. ta Railroad Company. Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiff's Attorneys, NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. } Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY,,. Defendants ; . ANSWER. The Defendant, The Charlotte, Colambia & Augusta Railroad Company, answering the complaint herein: 1, Admits thatit is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. IT. Admits the allegation contained in the second paragraph. IIT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability. of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co-defendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the General Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and un act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Obiv Railroua,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, as were also accepted by said company, and constitutes as this defendant is advised and believes.a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the suid General Assembly, by virtue of said act of incorporation, and those amen- datory thereof, so passed before the constitution adopted in. 1868, conferred upon iis co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its cbarter, executed to this defendant a lease of said railroad, tix- tures, appliances, appurtenances, rex! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for aterm of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and withont any aid or co-operation of its co-defendant, its co defendant having nointerest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as afuresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- -cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereot as was possessed by its co-defendant prior to the execution of said lease. { Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, | Justice’s Court, Iredell County, Before A. M. Wacker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raitroad Company, Defendant, is a corpora- tion; that he is an officer thervof, to wit, a Director; that the foregoing answer is true to bis knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed before me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C.,C. & A. BR. RB. Co., And the A., T. & 0. R. BR. Co. ANSWER CO vxsAA RL BAILEY, Attorney. . 5 | Buh Ze, Pret Mer tecet. ar Le fate | Drectedé Ge: ety | A AG thA or F b. taal cg fae TG L pe go 4G loka Eo ges “i ja ae Hacl Uoak Heese” Za ct po ee ac te she | Ae278 ooormaea go | Ley leech aaicle. 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Jeatd- lat A lz Go-Aefechact? <frsre Jhe ep eeecltore- of Fic. dati Lana Ailetney fre fie AAT Y wy . Qecttheficcd ace F CO t f aN AIDA. Gaia & y 6 aR . % aS. % oe: a 3 a ‘yi, ih Ge olin ihe if br plily Fe Gamage sau tad by woe "eas | BG te pair fain, De i he. : Vhceog ON Yt Ait | ttn prarchier afipuaced, baz lilly a he es Lt fs 22 5 sala | ag Lad CL VEY | st ee fa ff ys aad Msi fafa, GULBIEY. Me bee, Yahher 4. z, 47t' 0 cle. ‘AB. Sfrrer 43 ee CL. va Gherwreg 3 ; oS 7 Viv. 7PA2. 2. 1 NORTH CAROLINA, In THE JusTIcE’s Court, IREDELL COUNTY. Berore A. M. Waker, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta | : Railroad Company, and The At- }aeaptatas lantic, Tennessee & Ohio Railroad Company, Defendants. | J The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “The Atlantic, Tennes- see and Ohio Railroad Company.” Il. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions ; and by said riiifroad line the distance from Statesville to Charlotte is 44 miles and from Mooresville to Charlotte is 98 miles Ul. Thatonthe /{ dayot “ct. 1995, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered to the-defendant, The. Oharlotte, Columbia & Augusta Railroad Company, at Mooresville depot, and said defendant then and there received from him /¥ bales of cotton con- signed to parties in Philadelphia, Penp., to. be. transported over said railroad to Oharlotte by said defendant and thence forwarded. to Philadelphia, and said defendant did 20 trans- port the same and charged him:and required ‘him to pay and he did pay to said defendant a greater amount as toll and compensation for the transportetian of.said::cotton from Mooresville to Charlotte than said defendant at. that time charged for the transportation of an equal quantity of the _sarbe clase-of freight an equal distance and in the same direo- _ ‘pouinds/of which amount said defendant took out 20.cents per ; oe 100 pounds ex its own tll for transporting the same from porting from Statesville to Charlotte, over said railroad, the same class of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia, the’ place of con- signment, only 60 cents per 100 pounds, of which amount said defendant took out but 11 cents. per 100 poands as its own toll . for transporting the same from Statesville to Charlotte, 44 miles. IV. the other defendant, The Atlantic, Tennessee and Ohio Rai Company, is and was at said date the owner of the aforesaid railroad extending between the towns of Charlotte and Statesville and concerned and interested in the operation of the same by its co-defendant. The Charlotte, Columbia and August Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- ful manner hereinbefore deseribed, to the injury of plaintiif by discriminating charges against him asa shipper of freight , as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with knowledge of said unlawful user and operation of said railroad by its said co-defendant. V. That plaintiff sues for and claims from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, ete chapter 240, section 1; Code, § 1966. Wherefore plaintiff demands j t against the defend- ants for said sum: of $200 and of action. ROBBINS & LONG, ». Attorneys for Plaintiff. SUPERIOR OOURT, Spring Term, 1885. IrepgEit Ooonry. Amendment to John F. eet, Plaintiff, Complaint. The Charlotte. Columbis & Augus- ta Railroad Company, Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonguit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Oompany and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiffs Attorneys, *. NORTH CAROLINA, te *S COURT, Before. A. M. Walker, Esq.,J. P. Iredell. County. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE, COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAILROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Angusta Railroad Company, answering the complaint herein: 1. Admits that it isa Railroad Corporation duly created under xeveral Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. “JI. Admits the allegation contained in the second paragraph, III. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise liowsoever. ANSWER. For a second defence— That the right of its co-defendant to exact tolls or charges for freights shipped over-said road, or any part thereof, is regulated by its chartor, being an act of the (Veneral Assembly of this State, entitled “ An Act to ineorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day-of February, 1855, and an act of the General Assembly entitled “An Act to amend thegg charter of the Atlantic, ‘Tennesseo & Ohio Ruilroad,” ratified the 17th dmy of December. 1862, and such other amendatory acts of said General Assembly, ux were alxo accepted by said company, and constitutes: as this defendant is advised and believes a binding contract between it and its privies on the one part and. the State of North Carolina on the other, and that the suid General Assembly, by virtue of said act of incorporation, and those amen- datory thercof, so passed before the constitation adopted in 1868, conferred upon iis co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on’ the first day of Octo- + ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rox! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as afuresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said is ba Ha Attorney for Charlotte, Columbia and - Augusta Railroad Company, Defendant. ee r NORTH CAROLINA, Justice’x Court, Iredell County, Before A. M. Wauxker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Railroad Company, Defendant, is a corpora- tion; thut he is an officer thervof, to wit, a Director; that the foregoing answer is true to bis knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed betore me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C., C.& A. BR. R. Co., And the A., T.& 0. R. R. Co. 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Blk IZ yes ec gtels Fe Jptraceta AF EP ab an Se aes Hl he he 7 C-LO4> Let eon Maa le ae Wbacle “ eg fer Hie See swe Uh Li aha feowctnvts ; eA ie Net armen at Li: oR PRUNE, in ee eee 7; ; E Pl yank FE AY Wier . DAMM the hafusl befordevkan)hecocrsade) Dik eipyy pe peat md duldidhntilgsl as S Owshc dey it SMO Hah Dh higuuat 9 Chl Og oe a BE eath arab saicl wera maith liane ayy ser, Wid M6sau dtirmul befrd wvwatoney weandebthie same tine and pba ees tf cilia of fucanuc wiblctian: | c aM arias Vo | . se ! Erba / FEU. MA 7H" ce eee C2073 Sfrres ou 3 LAI Sor ie" ad . Y x Bee Pae Me oe 4 Acx : me TET: i IM Cathe. f7? NORTH CAROLINA, In THE JuSTICE’s Court, IREDELL COUNTY. Berore A. M. Waker, J. P. John F. McLean, Plaintiff, 7 vs. The Charlotte, Columbia & Augusta Railroad Company, and The At- lantic, Tennessee & Ohio Railroad Company, Defendants. } Complain The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “The Atlantic, Tennes- see and Ohio Railroad Company.” II. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is,.and was at the date specified, - sly Sontag sat peg se in, ws vic ‘earrier of goods and andise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions ; and by said railroad line the distance from Statesville to Oharlotte is 44 miles and ftom Moorecville to Charlotte is 28 miles. Ill. Thatonthe // aay of Det , 1883, the plaintiff, on behalf of his firm of J. F. McLean & Co., deliv ered to:the defendant, The. Charlotte, Columbia & Augusta "Railroad Company, at Mooresville depot, and said defendant: then and there received from him 2. bales of cotton con- Penn, to, be transported — a 2 aor cee and ae porting from Statesville to Charlotte, over aaid railroad, the same clase of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia, the place of con- signment, ouly 60 cents per 100 pounds, of which amount said defendant took out but 11 cents per 100 pounds as its own toll . for transporting the same from Statesville to Charlotie, 44 thiles. IV. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, is and was at said date the ‘owner of the aforesaid railroad extending between the tewns of Charlotte and Statesville and concerned and interested in the operation of the same by its co-defendant, The Charlotte, Columbia and Augusta Railroad Company, and permitting its -eaid co-defendant to use and matage the same in the uniaw- » ful manner hereinbefore described, to the‘ injury of plaintiff by discriminating charges against him as a shipper of freight as aforesaid over said railroad pwned by it, and, a8 plaintiff is informed and believes, with knowledge of said unlawful nser ee a Me as and operation of said railroad by ite said co-defendant. 4, That plaintiff sues for and claims from the said de- ee rer ne HOVE, simatic 3, sein 1; SUPERIOR COURT, Spring Term, 1885, Teepe, Counry. Amendment to The Charlotte, Columbia & Anugns- Complaint. ta Railroad Company. Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Complaint 80 amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiffs Attorneys. NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE, COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THE ATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering tho complaint herein : I. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegatiun contained in the second paragraph. IIT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. ANSWER. For a second defence— That the right of its co-defendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the General Assembly of this State, entitled “An Act to incorporate the Atlantic, Tennessce & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railrouu,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ux were also accepted by said company, und constitutes ax this defendant is advised and believes a binding contract between it and its privies .on the one part and the State of North Carolina on tho other, and that the said General Assembly, by virtue of said act of invorporation, and those amen- datory thercof, so passed befire the constitution adopted in 1868, conferred upon its co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its cbarter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rex! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and have ever since the said last. mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co-defendant having no interest in or control over the same or its management, and having na interest whatever, except in the receipt of the reut stipulated for in said lease ; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as afuresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Saw: and Augusta Railroad Company, Defendant. NORTH CAROLINA, Justice’s Court, Iredell. County, Before A. M. Wacker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia und Augusta Raitroad Company, Defendant, is a corpora- tion; that he is an officer thercof, to wit, a Director; that the foregoing answer is true to bis knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed betore me, this 14th day of October, 1884. JOHN F, McLEAN AGAINST The C., C. & A. R. R. Co., And the A., T.& O. R. R. Co. ANSWER. BAILEY, Attorney. weet a * Ce. ee te fp ther Cle oe A WE A Yay Cis Cee ase . 2 he oe y —— 4 | epg po y SF acl Mead Geypory, att Cer_dantd: BA defer e dar _ Aan tt, Ze Toe ccLt hee Neg teAhes Log Meh G 25g 2 aro i SE, (C44. 2g CAEN tt: Zi es flak cP ie accd Wk. 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P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta : Railroad Company, and The At- Complaint. lantic, Tennessee & Ohio Railroad Company, Defendants. J The Plaintiff Complains and Alleges: ‘I. That the defendants are, and were at the date herein- after mentioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the ‘name of “The Charlotte, Columbia and Augusta Railroad Company,” and the other by that of “ The Atlantic, Tennes- see and Ohio Railroad Company.” II. That defendant The Charlotte, Columbia and Au- gusta Railroad.Company is, and was at the date specified, using, controlling and operating in this State, as a common carrier of goods and merchandise, the railroad and a)! appur- tenances thereof extending between the towns of Charlotte and Statesville and" known as thé “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions; and by said railroad line the distance from Statesville to Oharlotte is 44 miles and from Mooresville to Uharlotte is 28 miles. HI. Thatonthe /2Z day of Gct- -, 1883, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered to the-defendant; The Charlotte, Golumbia: &Auynsta Railroad Company, at Mooresville depot, and said defendant then and there received from him .2 3 _ bales of cotton con. signed to parties in (ta be transported over said rai to © by said deféhdant and thence forwarded w it said defendant did 4 tans port the same and charged iin? and fequited With to fuy and he did pay to said defendant » greater amount as toll and — compensation for the transportation of - said cotton from Mooresville t6 Oharlotte than said defendant at.that time “Charged for the transportation of an equal. quantity of the . sanie class of freight an equal distance and in the same direc. ‘fion over said railroad; the said.g Dounds, of which amount aaid defendant took out 20 cente per ne 100 pounds as its own toll for transporting the same from Mooresville to Charlotte, 28: milss, whew at the: damé time 6 gefendant charging from. “+. ilooresville via Charlotte to BB CT nama me hee : : rr S cents per 100 porting from Statesville to Charlotte, over said railroad, the same class of freight, to-wit, bales, shipped from Statesville via Charlotte to oe of con- signment, only ffrents per 100 pounds, of which amount said defendant took out but. 11 cents per 100 pounds as its own toll i} y % IV. That the other defendant, The Atlantic, Tennessee » and Ohio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the towns of Charlotte and Statesville and ¢oncerned and interested in the operation of the same by its eo-defendant, The Charlotte, Columbia and Augusta Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- fal manner hereinbefore desoribeil, to the Injury of plaintiff by discriminating charges against him as a shipper of freight as aforesaid over said. railroad owned by it, antl, as plaintiff is informed and believes, with knowledge of said unlawful user and operation of said railroad by its said co-defendant. V. That plaintiff sues for anii-claims: from the said de- fendants the penalty of two hundted dollars incurred as afore- said under Act of Assembly, 187475, chapter 240, section 1; Oode, § 1966. Wherefore plaintiff demands judgment against the defend. ants for said sum of $200 and costs of action. ROBBINS @ LONG, _ Attorneys for Pints. fi is . SUPERIOR COURT, Teepet. County, Spring Term, 1885. Amendme: to John F. MeLean, Plaintiff, Compla’ vs. The Charlotte, Columbia & Augus- ta Railroad Company. Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Company and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com. pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiff's Attorneys, i. ree Fi Te ee ee he x % A A WS UX NORTH CAROLINA, )JUSTICE’S COURT, Before A. M. Walker, Esq.,J.P. Tredell County. ' JOHN F. McLEAN, Plaintiff, | AGAINST THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THE ATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Coffpany, answering the complaint. herein : J. Admits thatit is a Railroad. Corporation duly created under sev@ral Acts of the respective Legislatures of this State and the States of South Carolina and Georgia, . IT. Admits the allegation contained in the second paragraph. IIT. Denies the allegations contained in the third paragriph. 1V. Denies ihe allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or othorwixe howsoever. — ~ For a second defence— That the right of its co-defendant to exact.tolls or charges for freights shipped over said road, or any part thereof, is regulated by its cburtor, being an act of the tseneral Assombly of this State, entitled ‘An Act'to ineerporate the Atlantic, Tennessee & Ohio Ruilroad ‘Company;,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennesaée & Ohio Ruitroad,” ratified the 17th day of December, 1862, and such other amendatory acts of stid General Assembly, ux were also accepted by said company, and ‘constituter’as this detendunt is advised and believes a binding contract ‘between it and ‘its privios on the one -part and the State of North Carolina on the other, and that the enid General Assembly, by virtue of said act of incorporation, and those amen. datory theroof, so passed before the constitution adopted in 1868, conferred upon i's co defendant absolute, unqualified and unlimited, power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo- ANSWER. ber, 1881, its co defendant, pursuant to the power conferred by its cburter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rou! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in conneetion with said road, for aterm of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of said property, and bave ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or its management, and having no interest whatever, except in the receipt of the reut stipulated for in said lease; and this defend- ant avers, as it is advised and believes, that the all and every rght of its co-defendant under its charter and the amendments thereto, as afyresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof us was possessed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, \ Justice's Court, . Iredetl County, Before A. M. Waker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Railroad Company, Defendant, is a corpora- tion; that he is an officer thervof, to wit, a Director; that the foregoing answer is true to his knowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. . Sworn and subscribed. betore me, this 14th day of October,. 1884. JOHN F. McLEAN AGAINST The 6.5.6. @ 4 Reh. O.; And the A., T. & O. R. R. Co. ANSWER ey LDL, BAILEY, Attorney. ee fe peta Geedtece ey ees 2 2 é f |) 1 t i / SO ted 2 gk Vy ee ZBL LE Of feet } ) I { ii i oo Ze eae ft ee & A cow — LY Mas CA CME Coe 20. tiger ft a aft + dof Ae, aie L4 Z-L- /3 . t MA 1p, ie ZL Z : ey se o' Z- ” Dp : Ge ‘ VA ? |Z t- t. AD Z gn. : LA; . 0 / “> ett GOR aA. 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S ay Setar Z 7 rh y Le Aa with: FO Le Le“ Ze 7 Ofer ene rl & V4 f : z ZA loot Cet le 4Fe GCLseet oe tes Beto Ca Be e J oe iAH CF se ay Zevrattit~.r Fev : 4. Avert 2c FC” Bee tote wi za -tt» Se nee fiat a Cofere 2 (Aw Ctltree1~ S44 tL BS tim Ste a SS ab 4 Fe a . ' WU jaat, RITA 028A be. | | ¥ 5 Motauie of AN ORE Cou Me ie ; j oo ; . : a : ns t : aes 9 i hi . . Brit Ss te : EI SRR Ba So OS RRS CDE eter PA eae a Ss ; * sel ia ii Sah ech a caleba tibet Rabe: 4 send EEF lar ie LA van e@Gs Sc Hi et Meng Beta a eA b AL yt i hada ed aco mg tehviire Tas, tbained CLL gk be one se ee neat 4 | ae frail i is | s af Li Cok fussed eS seen ee: aig Co opine _ I 00 or aromas lg tn. oni ; eae tne Tp ct, eK Cat por lp VW Oe —- Baskhed. Poca: - i Wek a a L9f” i [ocd / 0 Ayett_ Gra | ? ee ue Be a tel 2 Se eg gs FICK AO Ce A. 1/8, Spree | Fp: Lue ole 4 C ee gel Nore ae NORTH CAROLINA, In THE Justice’s Court, IREDELL COUNTY.) Brrorr A: M. Waxger, J. P. John F. McLean, Plaintiff, Ve; The Charlotte, Columbia & Augusta . Railroad Company, and The At- Complaint. lantic, Tennessee & Ohio Railroad J Company, Defendants. : The Plaintiff Complains and Alleges: I. That the defendants are, and were at the date herein- after méntioned, railroad corporations incorporated and or- ganized under the laws of North Carolina, the one by the name of “The Charlotte, Columbia and Augusta Railroad Oompany,” and the other by that of “The Atlantic, Tennes- see and Ohio Railroad Company.” Il. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, : using, controlling and operating in this State, as a common © carrier of goods and ndise, the railroad and all appur- tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and Ohio Railroad,” on which Mooresville is one of the way sta- tions; and by said railroad line the distance from Statesville oe = nae Res Reetien Chine 28 miles. IL, That on the / 3” day of Oct , 188 3, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv The Qharlotte,. Columbia. dr. Angvata ‘Railroad Company, at Mooresville depot, and gaid defendant “then ‘and there re path wacig acetlaseemup ier clans he did pay to said defendant » greater amount as toll and Porting from Statesville to Charlotte, over said railroad, the same class of freight, to~ n bales, shipped from Statesville via Charlotte to ia, the plact of con- gignment, only $F cents per 100 pounds, of which amount said defendant took out but 11 cents:per 100 pounds as its own tol! for transporting the same from Statesville. to Charlotte, 44 miles. \ IV. That the other defendant, The Atlantic, Tennessee and Obio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the towns _of Obarlotte and Statesville and concerned and interested in the operation of the same by its co-defendant, The Charlotte, Columbia and Augusta Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- ful manner hereinbefore described, to the injury. of plaintiff by discriminating charges against him ; as a shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with-knowledge of said unlawful user and operation of said railroad by ite said co-defendant. V. That plaintiff sues for aud claims from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, 1874-75, chapter 240, section 1; Oode, § 1966, Wherefore plaintiff decid hate asin the unk co 2 ants for said sum of $200 and costs of action. é ee ee Spring Term, 1885. SUPERIOR OOURT, Irepett County, Amendment to The Charlotte, Columbia & Augus- Complaint. ta Railroad Company, Defendant. The Plaintiff, by leave of the Court at this Term, takes a nonsuit as to the Atlantic, Tennessee & Ohio Railroad Com- pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Oompany and all relief prayed for against it, and adopts said Complaint so amended as his Complaint against the sole remaining de- fendant, The Charlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiff's Attorneys, NORTH CAROLINA, )/JUSTICE’S COURT, Iredell. County. Before A. M.. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, ) : AGAINST ; | THE CHARLOTTE. COLUMBIA & AUGUSTA | 4. owee RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants ' The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: I.. Admits that it isa Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. IT. Admits the allegation contained in the second paragraph. ILI, Denies the allegations contained in the third paragraph. LV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co«defendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the ‘teneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and nn act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroua,” ratified tbe 17th day of December. 1862, and such other amendatory acts of said General Assembly, ux were. alxo accepted by said. company, and constitutes ax this defendant is advised and believes a binding contract between it und its privies on the one part and the State of North Carolina ov the other, and that the said General Assemlily, by virtue of said act of incorporation, and those amen. datory thereof, so passed before the constitution adopted in 1868, conferred upon iis co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the firat day of Octo- ber, 1881, its co defendant, pursuant to the power conferred by its cbarter, executed to this defendant a lease of. said railroad, fix- tures, appliances, appurtenances, rou! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defondant entered upon and took exclusive posses- sion of said property, and have ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, its co-defendant baving nointerest in or control over the same or its management, and having no interest whatever, except in the . receipt of the reut stipulated for in said lease ; and this defend- ant avers, as it is advised and believes, that the all and every right of its co-defendant under its charter and the amendments thereto, as aforesaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said, lease. Attorney for Charloute, Colambia and Augusta Railroad Company, Defendant. NORTH CAROLINA, i Justice’s Court, Iredell County, . Before A. M. Waker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raitroad Company, Defendant, is 1 corpora. tion; that he is an officer thervof, to wit, a Director; that the foregoing answer is true to his knowledge, except as. to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed- betore- me, this 14th day of October, 1884. JOHN F. McLEAN AGATIST The C., 6. & 4: RR; C0,, And the A., Tr. & 0. R. R. Co. ANSWER. HM ly fe, BAILEY, Attorney.