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Home My WebLink AboutRailroad Records 1884 (part 2)PEO ee ee ea 7 Se J 4 . | ocd de wee dpe teat Mics LEGA oe Medel Grint A Lt Uelbele Cif GE be EOI Fe EF ee Cite Le Cle; Grd paeen eateries ! ee pugucla Wal had, Attia ee LA Aer ace RAS Arcade ooo: ee ae ¥ (Ba ot on L Meare ta ce hefesecba RS ORS ss LIE iz, ec taut Yhe Vleautie te Me: ibe IE. ees Se. ZC Ce ANG t4 LE BS BL G4 Lh i Le gta Ge “ og a ttc tt- ICS ¢ Ca ia sa so J gues BaF eF F-¢ a wiped tee Aired: Tice gcd. eee. Lhe C17 la ce a laclAgad Cr Litt atte Aechy c ATE poet re ‘tPF bh fltec te the ees t¢ AF Of Che. Lectal Midis, Ly _ ae ara SO ceeco ota Ce ewe Mize ele’, nantes ccd Che , ace teak kegiupea LL LACS CEA Lic (8 | eet ee ee i Zul te4 Se IOSD c1ces tig Lateore entitled Mh w/ ACT. CP we O24 se | eerie: ‘Lhe lleascitis Levers cnent need hs Maclson wis Lhe (74? Ug Gye Kee LOCLLL- bet (Ble Fa LOD iad concise te ae d the talact fcctsiesel Te ae | Ta: 4K etd. Re. Lltla ot ae hee ieee eeeheto cectieetec. 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Sf é ee rt Lo Nt ptvr0b Ze Clee: aS a setae eck ay A- YS tee CO é- Lac Fie levi c Lhe Laces Get Ma tarL odd eck Mug He Bote Arbeit bly. | é pp LE Le fy Lee CLacete fatied (2 eh 2 Be het tebet es Pe Bret- — Shiva téirw L180E Ctr feweah 4k ge ty tt lKipdacd aod abit ey Pa ‘$4 Pe. é * " j vi pe ee aaa Mee eee we “o. \ e AES yas oy Lit es let te eae Ce |\74 gerade cl Z peere tales; Ck POLED ¢- | = 2 fe L2 a ftecgh te Lif. et | perce da oe. LOIS, id CZ flattek i cl? LoL Leeda eT nf tin tiore sf the dact Lewis KL we ere. | : Miles ee pt meee ¥ : : © Ca Lt Lailiilefc Cpa etFo yt bataliicaNuitiecs beget bifere ! Lied OUCFL- EGG Msi o | Uaanove a Ci (COL Keereg Lh Soe eez- id reer renere: "4ened a i CHLlleartd 4 , Ses eee aL a ree. Wie Z i ffrcer ettes Z0 2tieF. a PrecedenFk: aos Bec foaage PG @atts7rvEez. cz Peewe gee A CEfE ta Fe eee Bditattlel. Geetecr tlAatel ort. ft brea CET ee efi ace Bb Hore Cpt Che a. ee fe Zo oe. eee. Lact Zz cee. per tee ate et Selole ee et Co bel LVI LIFE Gus a con saa api : peta et . ata Ltn tutte ae Lh it TENG area vis ae —— iin dil a li 3 ) Aut sein oes fais ca | ee ae gars tee ee “2 Gi Pinas allah ~ AM Malla ffs " | } | | — L P 4 a Li t L AC NORTH CAROLINA, In THE JusticEe’s Court, - IREDELL COUNTY. Brrore A. M. Waker, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta | , ‘ : Railroad Company, and The At- ¢ CO™Plaint. 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 ‘hame of “The Charlotte, Columbia and Augusta Railroad Oompany,” 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 appar. 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 from Moores ville to Charlotte is 28 miles. See IM, That on the /S* day of OcT , 1883, the Ee plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv j + > ered to the. defendant, The Oharlotte, Columbia & Augusta * Railroad Company, at Mooresville depot, and said defendant “for lisdotphie, ind eaid defondaat aid 60 trans he did pay to said defendant « &reater amount as toll and Porting from Statesville to Charlotte, over said railroad, the’ same class of freight, to-wi bales, shipped from Statesville via Oharlotte to Hhiadelphie, the place of con. signment, only Scents 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 Obio Railroad Company, is and. was at said dite 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 mavage the same in the unlaw-_ ful manner hereinbefore deseribed, 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-'T5, chapter 240, section 1; Oode, § 1966. ‘se _ Wherefore plaintiff demands judgment against the defend. + ants for said sum of $200 and costs of action. «Attorneys for Piaintift.- Ke SUPERIOR COURT, Spring Term, 1885. Teepe. Oounry. Amendment to v8, 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, ae A. M. Walker, Esq.,J. P. Iredell nee JOHN F. McLEAN, Plaintiff, ) AGAINST { THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THBEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants The Defendant, The Chaituiie Columbia & Augusta Railroad Company, unswering the complaint herein: 1, Admits that it is a Railroad Corporation duly eroated under xeveral 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, Iff. Deniex the allegations contained in the third paragraph. — IV. Denier 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 freigbts shipped over said road, or any part thereof, is regulated by its chartor, being an act of the tieneral Assembly of this State, entitled “ An Act to incorperate the AUantic, 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 Ruailroua,” ratified the 17th duy of December. 1862, and such other amendatory .acts of said General Assembly, ax were also aecepted by said company, and «onstitutes aa this defendant is advised and believes a binding contsact between it and its privies on the one part and the State of Nerth 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 i:s co defondant absolute, unqualified and unlimited power to fix and make its own rates for tolls. or charges apor freights shipped upon said road, and that on the first Gay of Octo ANSWER. 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! cstate, 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 bave ever since the said last mentioned date held, used, occupied, managed and controlled the same ex- elusively 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 Compiny, Defendant. NORTH CAROLINA, } Justice’s Court, Iredell ‘County, Before A. M. Water, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- jumbiu and Augusta Raiiroad Company, Defendant, is a corpora- tidn'; that he is an officer thervof, to wit, a Director; that the foregoing answer is true to bis knowledge, xcept 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 mo, this 14th day of October, 1884. JOHN F. McLEAN AGAINST. The C., C. & A. BR. R. Co,, And the A., T. & O. RB. BR. Co. ANSWER. — OO Oy NCA BAILEY, Attorney. ene ee ye. wet Geer | Lecco ke fe se0 LZ AYE Me hy Oy “Gp, i [Pee 4 LM Lac ne ty bf, i Wal bose 1 eter) az Macphee Bact Bont | ZZ, Cfcease at Phe. Ht : awe Paz wierwet: i Cire Hae oy fe Qlorvife- | AilettAa Atle: Pe Gin toot lie Mite a Be | 4 ALAA EES. xg Jeg gs she. 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ALE Of WT Ct@re tag Are Za | Aaeted ee ‘e7e fs C0 kgfee ead 2ee¥ee COLCO 2 the LKLECCC LO tee OF hee alt tek Ko ee a i, aie eh Me Bae saa ji wibidliponis igor! "Ue AAR, ORK oy hfe si la (out os Pre Ait | poy: ( Measmiveg CUA. tthe. cn Js OS en ty Mae Had her Lae. f eS hphr “ahve. ug unr pe MAT gh ee CL aa Vath. é otlie re Ci ling 2 Lirtrh , halle bi. aril hfe IC SHA cM J = if Le Fi P G, Ta Abita th Dist 8 pt The dotwdl of dh Pty | MAF 1 Tey, pS Ab cay Al LhC bigest? if the YA ececcecl hip ¢2t748evwett thl hei foo eo? eee F sseect the Afintlants CUAsehe4ve Re Oper emer ted Ltt Pia ibet v1 7, tpt.if Gel, Fa, th: G0 ale instel Lif Gt ttt : o of é E ti ¢ / fy Of. My L490 CL 74-744 Leh < M+ any lab fi Zi da afipeared Cy C1 hye, oo e. saptainl unct CHALIOC IL Me (4, th , Gtk fi orhice ttttiv tliat: ¥ pre Nae ( LUC Dy ut matort ? a: Eee A tel bye pt AL Je A 7 Za "iA rae 4 J. Lf Vick: EWS, ¥ indir fangs wtitifl LM ete. pf lin Life hei tas ania Bo: hy lef ? a lamagh ili ky Li, cet her i. x LGC COLL if fis ‘Gh | (pool bu UheicZs Ue t7 < Ge Lewy, Aisi fast MA. on 0 fy tiollewry 31 oe 7 ee batt hLtbty opal o teeters rice. A. Thuicr-foaf an Gel Lp“ 10h AMAL Cher ee pe 4 helenis ts pfeet_ / ee ae? Fat oe OEY. L~ ibe Chew. OF : AM Ph he Kt f VED Ich, La aid <a 2 a bern tke oi 4rd Late Lilero RE pes J BEA SA 3 LC Len Ze Ltr £7 NORTH CAROLINA, In THE Justicr’s Court, IREDELL COUNTY. Berore A. M. Waker, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta ; Railroad Company, and The At- pOsmplia 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, 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. II. Thaton the /S” day of @¢ es , 1883, the plaintiff, on behalf of his firm of J. F. McLean & Co., deliy ered to the,defendant, The Charlotte, Columbia: & Augusta Railroad Company, at Mooresville depot, and said defendant then and there receiv im 4 bales of cotton con- signed to parties in ; «+ to. be transported over said rail to, Charlotte by said defendant and thence forwarded to hiledelphie, 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 d endant charging him from ‘Mooresville via Charlotte to tphia GZ 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 ‘game itime - said. defendant charged as. toll. and compensation for trans. porting from Statesville to Charlotte, over said raiiroad. the same class of freight, to-wit, ottonesin bales, shipped from Statesville via Charlotte to Pht ia. the place of con- signment, only $@cents per 100 pounds, of which amount said defendant took out but 11 cents per 100 ponnds as its own toll for transporting the same from Statesville to Charlotte, 44 miles. IV. That the other defendant, The Atlantic, Tennessee and Oliio 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 August 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. Inepet. Country. 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, Plaintiffs Attorneys. LA att hee eee NORTH CAROLINA, )JUSTICE’S COURT, Iredell. County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE, COLUMBIA & AUGUSTA s NGawuk. 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 ereated 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, 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 (:eneral 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 & Ohiv Railroaa,” ratified the 17th day of December. 1862, and such other amendatory acts of said 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 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 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 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 baving 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 ebarter 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 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, Iredell County, Before A. M. WALKER, Esq usa 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 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 mo, this 14th day of October, 1884. JOHN F. McLEAN AGAINST Tht. Clem Beh Be And the A., T.& O. RB. R. Co. ANSWER. Qe y VILL. BAILEY, Attorney. | 4 WL. RETR. MANOR be on if AL ORR GU. % ee 2i 7? ne CS AZ vO Ley Z i CO Vy Lp ne. ee ; poviafh oe ie Laieeliir bet be Le ve gO LH Celle thz RI eter Le Mle AO Lo ossaate Lal Le - Ur Gheil Wee, Lanes fa tecediinpusnatant by tard deifftre . wt aw acd a Leribe (diy? Yaft 7 Ve epee ote < flaseliiffes dette Lt WAIAMIAL ALY fava fever ow: CAAMW al Wietfiastlanta Seteet. att F72atttint (Meae2 wee Burland CHLECOL bee De . Chip Ord Ty JS yin Acted er et Deas PLAIAN hte Leben Je Faces tcp yet Zui Fe er LL ete lett tt eat cag sets atlonag : Pp czzcer ty ath CHLVALE AD! C4 ie wot, Hite erf ZO ipl MEPL pose are fewOGp as Litt Weide sh he L647 — lc fil 0 boal Ys lee. Ul Gly, ‘ohio is ae ptic Ss Mey esl se Drm ts Zit<o poh Otive fier % ns 3 | rl AGE RES 3 Pat A frnta-Z Pa ya to The i a Rv L, ae. de spp NAb» oF Geil eae ae DP Ateant | DZ # WAZ ct oo ee a AL. on see ee ho 2 i LES ks / Digi s pew Chee re I He CrIner2 0) are : Z Zz ioe LA ba. At. rete nn ON /pe4 uf Adbnihe J PP 4A oredr et f pe et oe ix Dts snr ee eee Jot Fi ox Ze Ax Groowe } Pat 2uthry og ol. ena Z Wendie 4 < i ) a 2 CETL e Libres 2 VA Bian of ot ett ¢ FEL Mibalhn Lt” 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. ] vs. The Charlotte, Columbia & Augusta 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. {. Thatonthe /g~ dayot @eT — , 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 /;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 ia Charlotte to Philadelphia 72 cents per 100 pounds, of which amount said defendant took out 20 cents per 100 pounds as its own foll for transporting the same from -Mooresville.to Gharlatte, 28, milesy when. at, the same time +said defendant.charged.as 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 cor- signment, only 60 cents per 100 pounds, of which amount said defendant took out but 11 cents per 100 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 Company, and permitting its said co-defendant to use and manage 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 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, IREDELL County. Spring Term, 1585. vs. The Charlotte, Columbia & Augus- ta Railroad Company, Defendant. } Amendment to John F. MeLean, Plaintiff, \ Complaint. 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, ) JUSTICES COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE. COLUMBIA & AUGUST A.¢ ‘Abeta 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. IL. 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. Denics 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 (jeneral 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, Tennessec & Ohio Railroau,” ratified the 17th day of December. 1862, and such other amendatory acts of said*General Assembly, as were. also accepted by said company, und constitutes ax this detendant 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 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 cburter, 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 afuresaid, by virtue of the said lease, passed to this defendant; in consequence whereof tbis 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. Wacker, 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 heis an officer thercof, to wit, a Director; that the foregoing answer is true to bis kuowledge, except as to those matters therein stated on information and belief, and as to those matters be believes it to be true. Sworn and subscribed before me, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C.,; C&A. RR. Ce., And the A., T. & 0. RB. R. Co. ANSWER. B Avi f BA, G BAILEY, Attorney. Se | t be merle Pi Zz eit Pe / CAL Dae 20g A A . 7 leew To ME . Oprsfin Z0. ate, ee spe LIL EB CLE EUE 2 ae PEGGLE C ELH é fe / ry Ye Of om Oe yy a i ttl Satt W\Vle2 A, Afr a Cte a A ? - 7 Fe te GOOD pil sas ale <. ’ Lhe ce OO ho CLL /] : fre t pe. 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(he | ~ | me: arte atid tre a es “DL WEEK i . % £5 kok : ee , 7 ZA : ’ ; 4, (4 . ; ‘ ee 4 a a sa ‘ om ag % ip a ‘ , = : Ned i eS * : 2 Sa os aes pes : ; Te «Saas ta Me ae 8 aa a a a TN a Rae cele saci * t CAL? eA. EL -) i 4 j 273 br cregs NORTH CAROLINA, In THE Justicer’s Court, IREDELL COUNTY. Brerore A. M. Waxxer, J. 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 Oompany,” 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 tailroad and all appar- 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 éta- tions; and by said railroad line the distance from Statesville to Oharlotte is 44 miles and from Moorecville to Charlotte ie 28 miles, : Ill. Thaton the /@ day ot Let, 1983. the plaintiff, on behalf of his firm of J. F. McLean & Co, deliv, ered 1 the defendant, The Oherlotte, Columbia & -Angaste - Railroad Company, at Mooresville depot, and said defendant then and there received from him 2 2 bales of cotton con- signed to parties in Philadelphia, Penn, to-be transported over said railroad to Charlotte by said defébdant and thence _ forwarded tw: Philadelphia; and) said defendant did so trans. __ Port the same and charged! Rirtr ant! required him to pay and he idid pay to said defendant a greater amount as toll and si compensation for the transportation of -said- cotton from . Mooresville to Oharlotte thail said “defendant at that time - ne charged for the transportation of an equal quantity of the te tame clas of fsight an equal stance and in the came dreo. Porting from Statesville to Charlotte, over said railroad. the _ Same class of freight, to-wit, cotton in bales, shipped fron : Statesville via Charlotte to Philadelphia. the place of con- | defendant took out but 11 cents per 100 pounds as its own tol! for transporting the same from Statesville to Charlotte, 44 il ¥ z IV.. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, is and was at said date -the : _ signment, only 60 cents per 100 pounds, of which amount said | 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 ¢o-defendant, The Charlotte, Columbia and Augusta Railroad Oompany, and permitting its said co-defendant to use and manage the same in the unlaw- ful manner hereinbefore described, to the injury of plaintiff 7 __ by discriminating charges against him as a shipper of freight 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, 114-76, chapter 240, section 1; Code, § 1966. Wherefore plaintiff demands Jadgmientaguiot the defend tg Sree 20 _ ante for said sum of $200 and costs of action. - ROBBINS & Lona, AttoPheys for Plaintiff, Py SUPERIOR COURT, Teepe, County. Spring Term, 1885. 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 RAULROAD COMPANY, AND THE ATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants wie The Defendant, The Charlotte, Columbia & Augusta Railroad Compans, answering the complaint, herein; JA. Admits thatit isa Railroad Corporation duly ecroated under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation coutained in the second paragraph. Il. 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 xecond 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 churter; being an act of the General Assembly of this State, entitled “An Act tq ineorporate 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 Ruilroua,” ratified the 17th day of December. 1862, und such other amendatory acts of suid Goneral 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 in the other, and that the suid General Assenilily, by virtue of said act-of invorporation, and those amen- datory theroof, 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 gr. charges upon freights shipped upon said road, and that on ithe first day of Octo. ANSWER. 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, reul estate, rolling stock, ease- ménts 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 baving 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 allvised 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 ebarge 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. = oe Attorney for Ohiaptatte, Columbia and Augusta Railroad Company, 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 Raiiroad Company, Defendant, is a corpora- tion; that he is an officer thervof, to wit, a Director; that the foregoing atswer inx-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 mo, thig 14th day of October, 1884. JOHN F. McLEAN AGAINST The C., CC. & A. BR. R. Co., And the A., T.& 0. B. R. Co. Le ¥ MO8 fl, BAILEY, Attorney. : os girlie Neettey C be eat Le ee Ss ‘A. Geo hither ae p Yn A Giz gh ie , [lain Ag) AParzict . eS. 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CBLEMAE A LEFF CEL ET te Miia La Lie’? lh Zé Ce Aaah LR EC pal Lb a AT Tce: fita2tierv Ltesretee CLEZzz QL fr Ft i eae, ari ee eee fee Ae dt. aie A Hi Hi Y A 2 ‘ : ee | Dith? Heater te felts tae 4 Toe oo. Gorte.trected. § # ees Li Wilber (4 FE (G64. — ee SS a GL MI I0A . | | 1 | | } } KEANE | a Co Pt ee RMB bprrega — Sh. paca a Kb pr oS 7 Vv , NORTH CAROLINA, In THE JusTICcE’s Court, IREDELL COUNTY. BrerorE A. M. WatkeER, J. P. John F. McLean, Plaintiff, - Railroad Company, and The At- lantic, Tennessee & Ohio Railroad | Company, Defendants. J vs. The Charlotte, Columbia & Augusta fom plaint. 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 Oompany is, and was at the date specified, sing eeiniiia iad sla this State, a0 & common carrier of goods and merchandise, the railroad and all appur- tevances 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 ‘i to Oharlotie is 44 miles and from Moorervlle to Charlotte 28 miles. III. That onthe /6 ne bt 1883, the plaintiff, on bebalf of his firm of J. F. McLean & Oo., deliv ered to.the defendant, ‘The. Charlotte, Colombia: 4 Angusta Railroad Company, at M and said.defendant then and there received from him 17 bales of cotton con- . signed to parties in I Eenp.,,to be transported | ‘ ‘over sid ralbond to Chariots hy ni dtendant. nd thenee forwarded to a ae ‘did;sejterns- in: wired: ‘him to pay, wind ie el wy nabebibscacrcecnc ties 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 eon- signment, only 60 cents per 100 | , of which amount said defendant took out but 11 cen iper 100 pounds as its own toll for transporting the samé from Statesville to Charlotte, 44 miles. { IV, That the.other defendant; The Atlantic, Tennessee and Obiq, 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 ite co-defendant, The Oharlotte; Columbia and Augusta Railroad Company, and permitting its said co-defendant to ase and masage the same in the unlaw- fal manner hereinbefore deseribed, 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 knovledge of said unlawful aser and operation of said railroad by/its said co-defendant. v. nee from the said de- fendants the penalty of two ed dollars incurred ag afore- said ander Act of Assembly, | chapter 240, section 1; -ants for said sum of #900 and o6e fol sotion, Ss 1 Attorneys for Pani SUPERIOR COURT, Spring Term, 1885. Irepe.t County, Amendment to John F, —— Plaintiff, Complaint, The Charlotte, Ceti & Augus- ta Galiroal 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 ag his Complaint against the sole remaining de- fendant, The Oharlotte, Columbia & Augusta Railroad Com- pany, and demands judgment against it alone as prayed for therein. ROBBINS & LONG, Plaintiff's Attorneys. NORTH CAROLINA, YIUSTICE’S COURT, Tredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST THE CUARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbian & Augusta Railroad Company, answering the complaint herein : 1, Admits that it is a Railroad Corporation duly ereated 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. ITT. Denies the allegations contained, in the third paragraph. IV. Denies tbe 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 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 teneral 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 Ruailrouu,” ratified the 17th day of Decomber. 1862, and such other amendatory acts of suid General Assembly, us 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 befire the cgnstitution 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 dofendant, 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 eve:y 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 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 right to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was posscesed by its co-defendant prior to the execution of said lease. Attorney for Charlotte, Columbia and Auguata Railroad Company, Defendant. NORTH CAROLINA, } Justice’s Court; Iredell County, Before A. M. Watxer, 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 be 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 before’ mo, this 14th day of October, 1884. -. JOHN F. McLEAN AGAINST it he-C., 0. & &. BER. Ce.; And the A., T.& 0. RB. R. Co. Ba AWC BAILEY, Attorney. Ae Meo” we Sez 7 clr : Be; SE OL ee Bit 2 im “aT & Sees P | Peed Gorereby, a 7. CA Volta 3 | Be a eed ie: ara. Cre Ge Lb ¢ plage tf epetlY wet Me aigueet fe | | lat sect oe Ath een May Gna Te | nat fala’ te | | 3 Cliferrdiarha whacths ae oe cae | |= | foawtlet.2 iliast sibel if Unread, Uy Ugtteri wa Uitlye me nre MP hh | Coe Mt 73 Ap GAY. Vsgtind ie | Gordke [Eide pe The tana 2 | Aft oa ef f 2 Gort farsi ae Lame ey Te 4 | wie stil Tl i. $2 ; ee tee ee Nair mn tyne pet mip (#73 ay 7 ti Z Go ‘ a ‘ | DW 931% 42 Gee ALF C Vt, 2412.40 ; aol » Dee 1a iL Dott bey. YAO, ale GA. He ¥ ‘ oe Se Se > Pak as H 7s) ce ae ap Ee 4 = ‘ ‘ e 4 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- 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 Oompany,” 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, Eel gt nee: using, cbnirolling and operating in this State, as a common — tenances thereof extending between the towns of Charlotte and Statesville and known as the “Atlantic, Tennessee and - Obio 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. That onthe /& day ot (47, , 1883, the "plaintiff, on behalf of his firm of J. F. McLean & Co., deliv ened to the defendant, The. Charlotte, Columbiasd) Auguste _ Railroad Company, at Mooresville depot, and said defendant — then and there received from him /@f” bales of cotton con- signed to parties in Philadelphia, | to he- transported z Sven valsond 5 Cheol fer ld dntninas ond. iia, nt aye i porting from Statesville to Charlotte, over said railroad, the game class of freight, to-wit,cotton in bales, shipped from Statesville via Charlotte to Philadelphia, the place of con- - <gignment, 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. : IV. That the other defendaut, 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 SL _ and operation of said railroad by its said co-defendant. he _. Ve That plaintiff sues for and claims from the said de- ___ fendants the penalty of two hundred dollars incurred as afore- ees said under Act of Assembly, 1874-"75, chapter 240, section 1, |, Code; § 1066. Wiliiloes Nabil Lawtitsjtgiaent agitnes tussle. : ; ante for said sam of $200 and costs of action. ROBBINS & LONG, | Attorneys for Plaintift. aE Spring Term, 1885. Trepett Oovurry. SUPERIOR COURT, Amendment to John F. sales Plaintiff, Complaint. 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 Oom- pany, and amends his foregoing Oomplaint 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, Plaintiffs Attorneys, NORTH CAROLINA, ) JUSTICE’S COURT, Before A. M. Walker, FAG sh k Iredell. County. JOHN F. McLEAN, Plaintiff, AGAINST ' THE CHARLOTTE. COLUMBIA & AUGUSTA. anew 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. IT. 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. 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 ite charter, being an act of the ‘seneral 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 suid General Assembly, ux were also accepted by said company, and constitutes:as this detendant is advised and believes a binding contract botween 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 iis co defendant absolute, unqualified and unlimited power to fix and mako 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 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 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 having no interest in or control over the same or jts 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 posseesed 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 und Augusta Raiiroad Company, Defendant, is a corpora- tion; that be is an officer thervof, 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 amatters he believes it to be true. Sworn and subscribed betore mo, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C., C&A. R R.CO., And the A., T. & O. R. RB. Co. ANSWER CO yA CCL Sle BAILEY, Attorney. - ot Se Ree aaron a oh Sara ine i os 4 a ‘ A vom a ee ee before | eee. Grrl Ah Ap Lilt, 6 Og aie P b We VL Lft4 ‘Lone; f Acct tf LLP ge- get We yon Doty Poe PU CEEECEL EA Z fy é ; - beg BPECE as a. at. Ke ye, ZL ¢ BV L4G — FEZE aL fee thigels Jeserriwete Bs Z. 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Bet ee tz ie he Zz A fa, tig Big ; ae a 72. at eee. pre tocervat oes re Se tf oS ro eee Te tretetie: CC Oe. LF x $: xca we Atle Léa Z c of ee And Ahe Lt 2 — / 8 1s g c {i ot tee me Zo Ay : eal K nel AZ tf et ae eLeelt@D , Geese CEC. a P f eregs: att, “nba. Cerca. LECCE es ee LttA ia LD AEC he tx kere | ce a 4-CT Lf ooo A \ Wg ete at ae a eee teas pf: Paprel f2 om oe LS ek = ZZ Li AipteeL LL7 L ae LZee A be CC + ZY % re Kf | AICO KR Kew oy ee chk) ZL. | pers | LAM ales ap heer tehantennh tte : tte fe | , Ahbtittl hcg? ee ae ne Mea. Dy J 4 16%4 Athienud. ly ollaraciyl ad tia Arf VEL Lm Guu ML 0 wl Le aeliae: J - } ee ee Be ec ee z te fer Dy, ASE levi kph ite Prete : £. AF Bo ae oe oe ae Sige Ro Lo” meee le hte er anaes isn 3 Brrore A. M. Waxxer, J. P. NORTH CAROLINA, In roe Justice’s Covrr, IREDELL COUNTY. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta : - Railroad Company; and The At- ( Complaint. ‘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 Carolina, the one by the hame 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, aise wieclingiad Ge -in this State, as a common _ carrier of goods and merchandise, the railroad and all appur- and Statesyille 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 Moorec ville to Charlotte is 28 miles. IL. That onthe / $F day of @el. 1993, the ~ plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered to,the- defendant, The Obprlotte, Columbia & Angusta Railroad Company, at Mooresville depot, and said defendant ‘then and there received from him 2ff bales of cotton. con- gnc to partion in’ Piadelhia, Romp tobe tengporied ea sree sk eta tm nga en feteinit and Shean sila trous Ceshuafila Xe Chased line mela als, (0 | 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 = the came from Statesville to Charlotte, H 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 clainis from the said de- fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, See chaghen $40, 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. Trepett, Oovunry. Amendment to The Charlotte, Columbia & Augus- Complaint. ta Railroad Company, Defendant. John F, rae, Plaintiff, 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 ommended 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, ae COURT, — Before A. M. Walker, Esq. ,.J. P. Iredell County. JOHN F. MclEAN, Plaintiff, AGAINST THE CHARLO: r'TE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants * The Defendant, The Charlotte, Columbia & ain Railroad Company, answering the complaint ‘herein : I. Admiis 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 tho 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. Por a xecond 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 cbartor, 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 an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroad,” ratified the 17th dpy of December. 1862, and such other amendatory acta of said Geueral Assembly, ax were also accepted by said company, and constitates 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 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- 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, reul 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 intérest 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, bad 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. WaLxer, Esq, J. P. A. B. Springs, being duly sivorn, says: That the Charlotte, Co- lumbia and Augusta Raiiroad Company, Defendant, is a corpora- tion; that he is an officer thereof, to wit, a Director; that the foregoing answer ix 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 sabscribed betore mo, this 14th day of October, 1884. JOHN F, McLEAN AGAINST het. 6, @2-AR. CO; And the A., T. & O. R. R. Co. ANSWER. Le WAM Le BAILEY, Attorney. ‘ ~ [Sant rr . Beene tone De Lrect, Kt A Bo titel A ‘ i mea gaa Fo aN aa ban reins DOOD) > FOO; Ly === = ————— wd i ee. a Lit i feW vb=s lout ope Lud ; ob CAA ited haere Se Mins Phas 2eliin Go| “3 a fond Cat AMA the, Mh SS oY ZY Cdn, Lhe | Et dy Get 1 Laffey. Mint DIA. fort lone ; Ha wernt. hac by. cine, Mf tnttnitnawl athe 4 ou: Te ji ay f Af lI wt Laas. tegeviel fli He : ee? séserl darted 1H: hie facer ane. againels Phe. dif le | “ge are. Poth wink Lowe. LLVUVAFMLPHELACETKEL LY nbhselirs , wy Uharerp Geo 1h UH. be liiveeigl: before VILE aliny Ti" ey ctittxtt.. Csse flac, fae Lit lies cipifrarer Syl CU rifled ariel. CLULAVEIL. wire fetcol Ot fovtig tetra ae ancl gigermeen toty tha 6 ere y al 5. s0" ee (al AVE We / | Z 7 ve tu Tf s Ci ttf Ci? ae ear i sav farrr tf Me ( lawl and apne hi for i aloemog anc fot tig otha marr Sy © GOWANUS. Lhe. atta. 7 A i puilg he. 1 bar LE? le nitr wt cv . ero kes Eze Zt, 14. “fad s 0. le ae tithe focus J ek _ Crete, o 2 Kae 2 1 aap AER, we cu ese LA1 oS bf “ee NORTH CAROLINA, In THE Jusricr’s Court, IREDELL COUNTY. Brrore A. M. Wa.xenr, 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.” 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,” 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 Mooretville to Charlotte is 28 miles. HI, That onthe 23 dayot LCL 1983, the plaintiff, on bebalf of his firm of J. F. McLean & Oo., deliv ered to the defendant, The Oharlotte, Columbia: & Angustn Railroad Company,.at Mooresville depot, and said defendant then and there received from him 6 _ bales of cotton con- signed to parties in Philadelphia, Penn., to ‘be transported over said railroad to Charlotte by said defétidant and thence forwarded to’ Ptiilwdélphin, atid’ said-defendant did:so’trans- port the same and charged’ Hitt snd required’ Hina to'puiy sind 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 egual quantity of the ‘same class of freight an equal distance and in the same direo. tion éver said railroad ; the edid defendant charging him from --_. Mooresville via Oharlotte to Philadelphia 72 conte per 100 pounds, of which amount said defendant took out 90-cents per -» 100 pounds as its own toll for transporting the same from -. Mooresville to Ghurlotte;2¢° miles; when: at thedime time 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 pownds 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, 1874-75, chapter 240, section 1; Code, § 1966. Wherefore plaintiff demande judgment against the defénd. ante for said sum of $200 and costs of action. ROBBINS & LONG, Attorneys for Piaintiff. SUPERIOR COURT, Spring Term, 1885. Trepett County. vs. Amendment to The Oharlotte, Columbia & Augus- Complaint. ta Railroad Company, Defendant. John F, McLean, Plaintiff, 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, LTE COURT, } S Before A. M. Walker, Esq..,J. P. _ Iredell County. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE, COLUMBIA & AUGUSTA 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 Stutes 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 tbe allegations contained in the fourth paragraph. V. Denies the Jiability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a xecond defence— That the right of its co-lefendant to exact tolla or charges for freigbts shipped over said road, or any part thereof, is regulated by its charter, being an act of the ‘seneral 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 Ruilrona,” ratified the 17th day of December. 1862, and such other amendatory acts of suid General Assembly, ux 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 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- ANSWER. 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! ostate, 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 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 ofthe said lease, passed to this defendant; in consequence whereof this defendant has, at all times since the exe- cution of said lease and its occupatiun thereunder, had the abso- ~ Jute, unqualified and unlimited rigbt to adopt and fix any tariff or charge for freights shipped over its leased road or any part thereof as was posscesed 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. Waker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia 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. BR. R, Cou, And the A., T. & 0, R. BR. Co. ANSWER. OB yA AR Ae BAILEY, Attorney. adem : f 7h oe He The Bae 1 pean Decty BE a 4’ pepe A kidnt gote BE Os concent RLLANORRG. i — Answer | A Road tun Z a G Sab Ge 2 aan en tet Baiedle ‘ 'e Go tee a Sot lip at tanga ofthe iif CEA Be te ha ennsiortns GEL Fike 1 oy cae ALU “ . tx, Gong Brereve PELL ieee lps WL. Hy Jo 2 i os oF A & Cotta the fl? 4 ! CM LEAR 6. NORTH CAROLINA, In THE JusTIce’s Court, IREDELL COUNTY.) Berrorz A. M. Water, J. P. John F. McLean, Plaintiff, © vs. . The Charlotte, Columbia & Augusta _. Railroad Company, and The At- lantic, Tennessee & Ohio Railroad Company, Defendants. 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 ‘mame 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- Ss gusta Railroad Company ‘is,.and was at the date specified, sided: saatiadhincg neck eon. Wile State, as a iousieein x _- cartier of goods and merchandise, the railroad and all apput- 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- <7 Melee; end by sald railroad. line tle @istainas ftom Biatenville 38 miles. 5 ‘TI. Thatonthe 29 day or cl 1983, the | plaintiff, on behalf of hie firm of J. F. MeLean 4 Oo., deliv a. ; ered to.the defendant,’ The ee Sais -& ‘Mopnsta | then and there received from him 26 bales of cotton con porting from Statesville to (ili over Mild alin the same class of freight, to-wit, eptton 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‘eo-defendant. The Charlotte, Columbia and AugustaBailroad 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 ag aforesaid over said tailroad 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- : nS an 1814-776, chapter 240, section 1; 5 ' Onde, § 1966. - "-Wherélore sins demain spe the defend. ; S "ante for sald sum of #900 and costa of ction, “ROBO 6 1oNG, SUPERIOR COURT, ' Spring Term, 1885. Inepec. Oovunry. 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 piayil 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, artnet ) Before A. M. Walker, Esq. Saks Iredell County. JOHN F. McLEAN, Plaintiff, ) AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THE ATLANTIC, (| A™SW™™ TENNESSEE & OHTO RAIROAD’ COMPANY, Defendants The Defondant, 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 allegativn 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— Thut 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 ‘teneral 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 Ruilroug,” ratified, tbe. 17th day of December. 1862, and sue th other amendatory acts of suid General Assembly, us were also accepted by said company, and constitutes ax this defendant i is udvised 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 tbercof, 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 charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, real 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 witbout 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 baving 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 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. Watxer, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raitroad Company, Defendant, ia a corpora- tion; that heis 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 6.26: Ga, B.A a, And the A., T.& 0. R. R. Co. ANSWER. BOrALOL. BAILEY, Attorney. 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A) L r Ti es Ls ——- ‘ta : ee 4 4 ae : Aides L217 PLFPPT OP 1 ae hefece aneat es Aon ee ae (igi es oS eeneetu a a s eters. - ate ee ‘Ze er E egies rd aes arti fidat edghara ted, (i a loc Hee 2 OP a rb y ertihe : forest pean nPop AMY a 4 eS hes 4 aLheae flip (pero Hh Arg KC «Tt SECC AD ath? DEV G CO L243 Open on LAI3 2 Joseeege i os Butoorttett Li forme Z . pallens 2 je aga LL iv¥AP HO a, ach NORTH CAROLINA, In THE Justice’s Court, IREDELL COUNTY.) Berorz A. M. Watxer, J. P. John F. McLean, Plaintiff, vB. The Charlotte, Columbia & Augusta ‘ Railroad Company, and The At- ¢ C°™Plaint. Jantic, 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 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, Se nsipg, controlling and operating in this State, aa a eommon _ earrier of goods and- merchandise, the railroad and all appur- es _ tenances thereof extending between the towns of Charlotte ion 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 Chartotia fs 44 men and from Mooretville to Obarots i : 98 miles. IU. That on the RE tau Get, 1683, the plaintiff, on behalf of his firm of J. F. MeLean & Oo., deliv © ered to. the defendant, The Charlotte, Columbie & Augwata Railroad Company, at Mooresville depot, and said defendant then and there received from him 285 bales of cotton con- ,.Renn., 0, be. traysported * 4s ore ad alot to lt by said defendant. and thence ; ¢ Tequired: hinr to pay.gnd she did pay to éaid defendant | greater amount as toll and : 1. of ,gaid,.cotton from porting from Statesville to Oharltte, over sti railroad, the same class of freight, to-wit, cotton fu 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 cente per 100 pounds as its own toll - for transporting the same from Statesville to Charlotte, 44 miles. Ty. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, ig 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 Oompany, 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 _ a8 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. Vv. That plant see for an elas from the said de- fendants the penalty of two handyed dollars incurred ae afore- said under Act of Avsembly, ee Oode, § 1966. wien pill nila sna opel took tm nti or ee wl et . onus & 109s | SUPERIOR COURT, Spring Term, 1885, Teepe, County. Amendment to John F. ees Plaintiff, Complaint. The Charlotte. Columbia & Augus- ta Railroad Com pany. 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. me ZF. De dee a : 3 ee Ce un Pee SL Ce: Cm em Ve JE ee: eter mer NORTH CAROLINA, ) JUSTICE’S COURT, , ee A, M. Walker, Esq.,J. P. Tredell County. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLO: ['TE. COLUMBIA & AUGUSTA |, RAILROAD COMPANY, AND THE ATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbian & Augusta Railroad Company, answering the complaint herein: I, Admits that it is a Railroad Corporation duly croated under several Acts of the respective Legislatures of this State and the | States of South Carolina and Georgia. II. Admits the allogation contained in the second paragraph. ITT. Denies the allegations contained in tho 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 tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the tieneral Assembly of this State, entitled “An Aci 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 Railroaa,” ratified the 17th day of December. 1862, and such other amendatory acts of suid General Assembly, ax were alxo aceepted by said company, und constitutes ax this defendant is adyised: and believes 9 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 conatitation adopted in 1868, conferred upon is co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolle 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, real 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 defondant 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 uuder 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 Compiny, Defendant. NORTH CAROLINA, } Justice's Court, Iredell County, Before A: M. Wauxker, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Ruitroad Company, Defendant, is a corpora- tion ; that he is an officer thercof, to wit, a Director; that the foregoing answer ix 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 mo, this 14th day of October, 1884. JOHN F. McLEAN AGAINST The C.. C&A. RR. C., And the A., T.& O. R. R. Co. 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"iy GHA E ON OWA + ey DEPARTMENT OF CULTURAL RESOURCES DIVISION OF ARCHIVES AND RECORDS CERTIFICATE OF AUTHENTICITY This is to certify that the micrographics appearing on this film are true and accurate reproductions of records originated during the normal course of business by the Iredell County and consist of Railroad Records 1860-1928 The records beginwith C.2, oY F925 2 L§¢0- /key /865-/86y s/8bK- 4¥C7F and end with C.#, o9Y, 7285.x% LZ88Y It is further certified that the above records were microfilmed in conformity with the provisions of the General Statutes of North Carolina, chapter 8-45.1 and 8-45.4, “Uniform Photographic Copies of Business and Public Records as Evidence Act"; that the microphotography processes accurately reproduce the records so microfilmed; that the film forms a durable medium for reproducing the original, if necessary; and that the film used conforms to American National Standards Institute, Photographic Films-Specifications for Safety Film, ANSI IT9.6-1996 and American National Standards Institute, Imaging Media (Film)-Silver Gelatin Type-Specifications for Stability, ANSI / NAPM IT9. 1-1996. This is further to certify that the microphotography processes were accomplished by the undersigned on the date and at the reduction ratio indicated below. Date filming of this reel began _/7° QS -73 Reduction Ratio V@TIOUS Date filming of this reel ended /~ D- 73 Off b ha Sou ttatar Microfilm Camera Operator