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HomeMy WebLinkAboutRailroad Records 1884 (part 3)NORTH CAROLINA, In THE Justice’s Court, Brrore A. M. Watxer, J. P. IREDELL COUNTY. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta Railroad Company, and The At- lantic, Tennessee & Ohio Railroad Company, Defendants. Oomplaint. 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 Conipany,” 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, a 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 Moore: ville to Charlotte is 28 miles. m1 That onthe 25-day of Ocl 19837, the ,.. plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ‘ _ ered to the defendant, The Charlotte, Columbia & Amgnsta ' Railroad Oompany, at Mooresville depot,and said defendant thea and there received from him .22Z bales of cotton con- signed to parties in Philadelphia, Penn., to be tramaported over said railroad to Oburlotte by said defefdant and thence forwarded to ‘Piviladelphia, and snid defendant did so trans- port the same and charged'Hitmand required him to pay and he did pay to said defendant a greater amount as toll and compensation for the traasportation of said ‘cotton from Mooresville to Charlotte than said defendant at that time Bo charged for the transportation of an equal quantity of the _ --‘gatne class of freight an equal distance and in the same dirse- . tion over said railroad ; the said defendant charging him from ‘Wooresville via Oharlotte to Philadelphia 72 ents per 160 pounds, of which amount said defendant took out 90-cents per $ mS Piepte ot So cn, Slt Te Semaperting the wien eee porting from Statesville to Charlotte, over said railroad, the same class of freight, to-wit, cotton in bales, shipped from Statesville via Oharlotte to Philadelphia. the place of con- signment, only 60 cents per TOO pounda, of which amount said defendant took out but 11 cents per 100 pounds as its own tol! for transporting the same from Statesville to Obarlotie, 44 miles. IV. That the other defendant, The Atlantic, Teanessce and Obio Railroad Company, is and wax 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 «ame in the unlaw- "fal manner hereinbefore desetibéd, 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 and claims from the said de- fendants the penalty of two handred dollars incurred as afore. anid under Act of Assembly, 187415, chapter 40, section 1; Code, § 1966, Wherefore plaintiff demands judgment against the defend. ants for said sam of $900 and costs of action. ROBBINS & LONG, Attorneys for Plaintiff. Lee ee 2 ee OO sO Cowptarrit NORTH CAROLINA, )JUSTICE’S COURT, Before A. M. Walker, Esq.,J. P. Tredell County. JOHN F. McLBAN, Plaintiff, ) AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA | 4.iwee. RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augr ata Railroad Company, answering the complaint herein: J. 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. IIT. Denies the allegations contained in the third paragraph. IV. Denies the allegutions contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or othorwise howsoever. For a second defenco— That the right of its couefendant to oxact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its ebarter, being an act of the ttwneral Asssmbly of this State, entitled “ An Act to incorporate tho Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of Febroary, 1855, and an act of the General Assembly entitled “An Act to amond the charter of the Atlantic, Tennesace & Ohio Railrowa,” ratified the 17th day of December 1862, and xnch other amendatory wets of said Goneral Assembly, ux were alse aecopted by said company, and constitutes ax this defendant ix 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 theroof, so passed befivre the constitution adopted in 1868, conferred upon iis co defendant absolute, unqualified and uolimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the firet day of Ocwo- * ~ 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 “aterest 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 tbereto, as afvresaid, by virtue of the said lease, passed to this defendant; in consequence whereof this defendant bas, 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 freigbts shipped over its leased road or any part thereof us was possessed by its co-defendant prior to the execution of said Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. lease. NORTH CAROLINA, Justice’» Court, Iredell County, Before A. M. Watxer, 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 he is an officer thervof, to wit, a Director; that the foregoing avnewer ix true to bis knowledge, 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 mo, thie l4th day of October, 1884. JOHN F. McLEAN AGADYST The C., C.& A. BR. R. Co., And the A., T. & 0. R. RB. Co. ANSW BAILEY, Attorney. ree TEA in eee ee ‘ee OTRAS Ne Oe eye ‘ % ; ¥ 4 : a | Ty pia a dei Coal ee Bee tL gh MWe Healher rae D ptt UW eave, 3 Pe x flee toe Goat iarnd Hex (Leis iceerrte — — Wii! Me Api hnent: a | ae: Aant She th. tee’, Snr SoG GEE as Miz Ae a el hte ok ears Le dovebresieeg | Ze Aetssthes ee oy at sein daa a Fis gee / thee Crrecfitarecl : 224 Lar 2st iet 2 Atsvrr , ! 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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 @arolina, 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, 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 Mooreeville to Uharlotte is 28 miles. Il, Thavon the 26 dayot Zed. 1883, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered tothe defendant, The. Charlotte, Columbiasd Anguets Railroad Oompany, at Mooresville depot, and said defendant then and there received from him 2 $~ bales of cotton con- signed to parties in Philadelphia, Penn. te be transported - over said railroed to Olaslotte by seid defdadant and thence : Port the same and charged/tiivand required him to pay-and he did pay to said defendant a & gfeater amount as toll and 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, thesame direc, tion over said railroad ; the said defendant charging him from. Bes: ge Mooresville vid Chaciotte to Philadelphia 72.conts per 100 Beet eo pounds, of which amoant said defendant took out 2eeats por. a 700 Pounds a8 its own toll for. transporting the same from porting from Statesville to Charlotte, over said reilroed. the same class of freight, to-wit, cotton in bales. shipped from Statesville vis Charlotte to Philadelphia. the place of con- signment, only 60 cents per 100 pounds, of which amount anid defendant took out but 11 cents per 100 pounds as its own toll for transporting the same from Statesville to Obarlotre, 44 miles. TV. That the other defendant, The Atlantic, Tennessee and Obio Railroad Company, is and Was at «aid 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 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 @s aforesaid over said railroad owned by it, and, as plaintiff ix 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 handed dollars inourred as afore- - aid under Act of Assembly, 187475, chapter 240, section 1; Code, § 1966. ; Wherefore plaintiff demands judgment against the defend. ante for said sum of $200 and costs of action. DEFINE & Lona, Attorneys for Piainti. SUPERIOR OOURT, ) luxpen. Oovwry sone ¥. Meleun, Plaintiff, The ¢ ee poneull as to the pea all allegatic ta Railre be Plaintiff, by leave ny, and am che mbia & Au agee : m pany Defer what Aul ends me (herein of { > Spring Term, 1885. } Amendment to Complaint he Oourt at this Term. takes « antic, Tennessee & Obio Railroad Oom his foregoing Oomplaint by striking out made directly against «aid Oompany and al! relief prayed for © amended as bis fendant, The pa therein my, and de sands Com pla Ohbariotte, Oolumbia & Augusta Rai jud gment again ROBBINS int againe againet it, and adopts said Oomplaint t the sole remaining de road Oom ot it alone as prayed for & LONG, Pisintif™s Attorneys 3} st 2 Ve. ce ees tee ks . i é. > A, fC. fe. Ce. AS: pO: JE IO be ee E ee NORTH CAROLINA, )JUSTICE'S COURT, Iredell. County. \ Before A. M. Walker, Esq.,J.P. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE. COLUMBIA & AUGUSTA | yviwee RAILROAD COMPANY, A.iD THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering tho complaint herein: 1, Admits that it isa Railroad Corporation duly created undor several Acts of tho respective Legislatures of this State and the States of South Carolina and Georgia. IT. Admits tho allogation contained in the second paragraph. ILI. Denioa 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 xecond defenco— That the right of its cosdefendant to exact tolla or charges for freights shipped over said road, or any part thereof, is regulated by its cburter, being an aet of the tionoral Assembly of this State, entitled “An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, ani an act.of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennexace & Ohio Rajilroua,” ratified the 17th day of Deeember. 1862, and wuch other amendatory acte of suid Goneral Assembly, ax were also accepted by said company, und cunstitutes ax this defendant ix 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 thervof, xo passed befire the constitution adopted in 1868, conferred upon iss co defendant absolute, unqualified aod ualimited powor to fix and mako its own rates for tolls or charges upon freights shipped upon said road, and that on the firet 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 bave evor 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, oxcept 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, bad the abso- lute, 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 posscesed by its co-defendant prior to the execution of said Attorney fur Charlotte, Colombia and Augusta Railroad Company, Defendant. loase. NORTH CAROLINA, Justice’« Court, Iredell County, Before A, M. Watxaur, Esq, J. P. A. B. Springs, being daly sworn, says: That the Charlotte, Co- lumbin und Augasts Raiiroad Company, Defendant, is # corpora. tion; that he is an officer thervof, to wit, a Director; that the foregoing answer ix true to his knowledge, except as to those matters thervin stated on information and belief. and as to those matters be believes it to be true. Sworn and subscribed before mo, this l4th day of October, 1884 JOHN F. McLEAN AGA ST The C., C. & A. R. R. Co, And the A., T.& < R. R. Co. ANSWE Oar C00 BAILEY, Attorney. | I, ms a ee ae: AY We 2ttic Ct ie soar tt ecetele Ornnty A. 42. Itt: le, Cegi, A ! Ave Flim, ose weees. a if le Chdblthi» Qrlseectin-} oe aad Bug wet a Fact Des Anenrv GZ os perl ees Pet Zo ao Rt Org Gong yr? a Ay at / / tevin z att ee, he. eZ, as it ere A i? | mete he 4 | Barrer nm t lee ehgse Fost Teme. 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Leones sical hrtlare | be ant ato Ly owe ten eee | 3 <M it Aces iA , T3 Dre : VyeP / We ay FAA SG % A OVWARA @ NORTH CAROLINA; | In tHe Justice’s Court, IREDELL COUNTY. BrerorE A: M. Wacker, J. P. John F. McLean, Plaintiff, vB. 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 Oarolina, the one by the ‘name of “The Charlotte, Odlumbia 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 ._ * earrier 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. Charlotie is 44 miles and from Moorerville to Charlotte is 28 miles. Ul. Thatonthe 27 day ot Det, , 1883, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered to the defendant, The Oharlotte, Columbie & Augusta Railroad Company, at Mooresville depot, and said defendant then and there received from him 4 F° bales of cotton con-' signed to parties in Philadelphia, Peno., ta -be transported over said railroad to Charlotie by said defendant and thence forwarded to Philadelphia, and said defendant did so trans- ~~ port the same and charg im nd teqeired ‘tim to-pay and he did pay to said defendant a greater amount as toll and compensation for the trangportatien of said cotton from Mooresville to Charlotte than vaid defepdant at shat time _ Bintged(Tor ‘the ‘transportation of an equal quaptity of the ae same clase of freight an equal distance and in the sae diree- , _ Roxoret nid vatvoed the said defendant charging him from » Vin Ohatlotie to Philadelphia % casts per mo Sais nies ina il Aaheont tank oeatp coc gae Sodio are lsalane eigen the came from - (> porting from Statesville to Charlotte, over said railroad, the same clase 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 tol! for tiunsporting the same from Statesville to Oharlotic. 44 miles. IV. That the other defendant, The Atlantic, Tennessee and Ohio Railroad Company, ie 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 saute by its co-defendant, The Charlotte, Columbia and Augesta 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 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 snes for and claims from the said de- fendants the penalty of two handred doliars incurred as afore- said ander Act of Assembly, 1874-75, chapter 340, section 1 ; Code, § 1966, Wherefore plaintit demands judgment against the defend. ants for said sum of $200 and costs of action. BOBBINS & LONG, Attorneys for Plaintiff. SUPERIOR OOURT, } > Spring Term, 1685. Inepecs, Couwrr ) John F. Me cane , Plaintiff, Amendment to The Charlotte mbia & Au asus F Oomplaint te Railroad Com pany Defer rdar The Plaintiff, by leave of the Oourt at thie Term, takes o noneult as to the AUlantic, Tennessee & Ohio Railroad Oom pany, and amends his foregoing Complaint by striking out all allegations therein made directly against said Oompany and al! relief prayed for against it, and adopts said Oomplaint so amended as his Complaint against the sole remaining de fendant, The Charlotte, Columbia & Augesta Railroad Oom ny, and demands judgment against it alone as prayed for ROBBINS & LONG, Plaintiff. Attorneys. ‘NORTH CAROLINA, )JUSTICE’S COURT, Before A. M. Walker, Esq.,J. P. Tredell County. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE. COLUMBIA & AUGUSTA | 4... 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 ix a Railroad Corporation duly croated under several Acts of the respective Legislatures of this State and the Stator of South Carolina and Georgia. II. Admits tho allegation contained in the second paragraph. ITI. 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 othorwise howsoever. For a second defenco— That the right of its coslefendant to exact tolle or charges for freights shipped over said road, or any part thereof, is regulated by its eburtor, being an act of the Henvral Assombly of thin State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and an act of the Goneral Assembly entitled “An Act to amond the charter of the Atlantic, Ténnexece & Ohio Railrona,” ratified the 17th day of December 1862, and xneh other amendatory acta of said General Assembly, ux were also accepted by said company, and constitutes ax this defendant is advised and believes a binding contract between it and it privics on the one part and the State of North Carolina on tho other, and that the said General Assembly, by virtae of said act of incorporation, and those amen datory theroof, xo passed befire 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, 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 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 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 aforesaid, by virtue of the said lease, passed to this defendant; in consequence whereof tbis defendant bas, 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 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. ‘ / 2a : bc “fo iets Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, Justice’x Court, Iredell County, Before A. M. Wa.xen, Esq, J.P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia wand Augusta Raiiroad Company, Defendant, ia a corpora tion; thut he ia an officer thereof, to wit, a Director; that the foregoing anewer 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 before me, this 14th day of October, 1884 JOHN F. McLEAN AG AIST The C., C. & A. R. R. Co., And the A., T.& 0. R. R. Co. ANSWER. DAWA LAG BAILEY, Attorney. we, A A 2 ce booz a ee | 7. ten ID on flrinetifo Vk. 6H. Cg Ce ena Pose: , a des a ge pte | BAe ae ene fi es ees Y | Of? ms Raz Nena. yp | — Aneel LA - ifort ~ Th Até Cuunetsé ae Ors, Jerse Kenda bass 4, Me. se ety * Sr-s Sig os Ate ava fpf ela ttita c LF Lv Zee tw Ad at- C4tu aan igh; JA ° wt 2 . 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VS tteccecl tepermpre ieaaor andlagaing Biefe viola Cs, ow Aced, cert Pesos Chae timt tain Yuenemene. a-erevr Ux Leda lay TA he pork Ce 4741 MM ursecl before stacatl tli 6; Shi Le rnel POT his digtts Adve auc plu, aS har lig afifitn tel ty aby” CII fe Catwt auc ¢: pest reevire fi Ceol k, lh pli eselie tl ecaterclertetenel / COVELCIMNE ool ‘7 “Mbdcs 4 7 a. te, (CC, ac wo Cyw oes /$ Mary of Ke Z VL <Dserudscel nal phil Mw favors binthf mnt lagasaltfa Mi finds oe f{ iC piafpn tae Ohi fr bi div, Le £70 éyat Ch Mey attebin Affial Gran iA, En We 28 day tf Getty Ll, paar tt hose! ee 4 Hee Rervaig Alc Ul fw se th« xX Ka pain (ali y C1 Cie forvetil and this fa hi aL KL h per / . Le; Malfir ORE a re i , Bo “fpre fb” we SEES D . . CMlallha ff? eee eh hep os ae ) bro Coke ZLAre NORTH CAROLINA, In THE Justice’s Court, IREDELL COUNTY. Brerore A. M. Waker, J. P. John F. McLean, Plaintiff, vB. 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 Oarolina, 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 Oompany.” IL. That defendant The Charlotte, Columbia and An- 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 Uharlotte is 28 miles. 22 Nov Hil. Thaton the OZ day of ites. , 188 , the plaintiff, on behalf of his firm of J. F. McLean & Co., deliv ered ta the-defendant, The, Oharlotte, Columbia dt Augusta Railroad Company, at Mooresville depat, and said defendant then and there received from him bales of cotton con- signed to parties in Philadelphia, Penn., to be transported over said railroad to Charlotte by said defendant and thence Port the same and charged him and required ‘him to pay and he did pay to said defendant « greater amount as toll and compensation for the trangportation ef said cotton from - _,__ Mooresville to Charlotte than said defendant at that time _ Powthds, of which amount aid defendast took out 90cente per, porting from Statesville to Charlotte, over ssid railroad. the same class of freight, to-wit, egtton 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 poande as its own tol! for transporting the same from Statesville to Uhariotte, 44 ~ miles. IV. That the othur defendant, The Atlantic, Tennessee and Ohio Railrodty 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 Oharlotte. Colambia and Augusta Railroad Company, and permitting its said co-defendant to use and manage the same in the onlaw- fol manner hereinbefore described, to the injary 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 claime from the said de. fendants the penalty of two hundred dollars incurred as afore- said under Act of Assembly, 1874-15, chapter 340, section 1: Oode, § 1966. Wherefore plaintiff demands judgment against the defend. ente for said sum of $300 and cests of action. ROBBINS & LONG, Attorneys for Plaintiff SUPERIOR OOURT. ) > Spring Term, 1885 luepets Oouwrrr ; Joho F. McLean, Plaintiff. va. Amendment to The Charlotte, Columbia & Augus- / Oomplaint ta Railroad Company. Defendant The Plaintiff, by leave of the Court at this Term takes a ponsuit 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 al) 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, Plaintif™: Attorneys. NORTH CAROLINA, ) JUSTICE’S COURT, Before A. M. Walker, Esq.,J. P. Iredell County. JOHN F. McLEAN, Plaintiff, } AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA RALLROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, unswering the complaint herein: 4 J. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the ANSWER. 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. Denice theallegations contained in the fourth paragraph. V. Denies the liability of this Defendant to tho Plaintiff, in curred for any penalty or otherwise howsoever. For » second defenco— That the right of its coslefendant to oxact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its churter, being an act of the seneral Assombly of this State, ontitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15tb day of February, 1855, and un act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennexace & Ohio Railrowa,” ratified the 17th day of December. 1962, and «uch other amendatory acts of suid General Assembly, ux were alwo accepted by said company, and constiluter ax this defendant is advised and believes a binding contract botween it and its privies on the one part and the State of North Carolina om the other, and that the ssid General Assomlily, by virtue of suid act of ineurporation, and those amen- datory theroof, xo passed befirre 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, rex! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection witb 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 evor 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 ita 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, tha: 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, bad the ‘abso- lute, 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 loase. a Se Ajtorney for Charlotte, Colambia and Augusta Railroad Company, Defendant. NORTH CAROLINA, Juatice’« Court, Iredell County, Before A. M. Wacken, Esq, J. P. A. B. Springs, being duly «worn, says: That the Charlotte, Co- lumbia uhd Augusta Raitroad Company, Defendant, is a corpora. tion; that he ia an officer thereof, to wit, a Director; that the foregoing answer is true to bis knowledge, except as to those matters therein stated on mformation and belief, and as to those matters he believes it to be true. Sworn and subscribed betore mo, thie 14th day of October, 1884. JOHN F. McLEAN AG AIT ST The C., C. & A. R. BR. Co., And the A., T.& O. R. BR. Co. BO, fC @ BAILEY, Attorney. ty iz Ba <wielamniacl nile ' a eg pace. 22cl dhs Ae fe nayee Zt ah Atom tz % ERK. 3 Gite tL Yh PALL Meitiddddide hirida. hae. ez ae — ie Cara, Fete zee wae " fie oe a Pe a et adenitid 4 te aed oe aN ae MT age econ ay oo] -~ @ OF so haste er eon fees nd pf, ifn ae ao A Ae, = Se lh icsatsonet sorrento PO a vormey. 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A lof fuel tareigg Mauch ; e Picea A napyitad Aferdtard ixbreheradhawublayd aaidtsmarmelecdadh atacetean of Val ity etawred befrdond alarrgefpic a wsnase ly BAnell { [kn ee saa A520 onl H theisieelitie Mi fealezormlea Ord pervs aos ld Ht Ly 7 syn 9 it-npthictiles A MM plpee 4 CHA rat Soot pnt ee Flag K Bleporisty Q . 3 he Ah or~- Z 3 oe OL. we? ees. VE. | 2 Diy SHIN a (003 Briere egy dk ee Gone? BP, | bes by VL et GALE ' - pa ah oe Best, La 3 Lapprgaaton oie rll Ave hing ee Leki F Mil aliece Hoff a i NORTH CAROLINA, Ivy tae Justice’s Court, IREDELL COUNTY.) Berrore A. M. Watxer, J. P. John F. McLean, Plaintiff vs. The Charlotte, Columbia & Augusta Railroad Company, and The At- lantic, Tennessee & Ohio Rairoad Company, Defendants. Complaint. The Plaintiff Comjlains and Alleges: I. That the defendants am, and were at the date herein- after mentioned, railroad corforations incorporated and or- ganized under the laws of North Carolina, the one by the name of “The Charlotte, Cohmbia and Augusta Railroad Company,” and the other by tiat of “The Atlantic, Tennes- see and Ohio Railroad Oompazy.” Il. That defendant The tharlotte,-Columbia and Au- gusta Railroad Oompany is, aid was at the date specified, using, controlling and operating in. thie 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 in 44 miles and from Moorerville to Charlotte is 28 miles. Hil. Thaton the 7 dayot FO , 188.3, the : plaintiff, on behalf of hie fitmot J. F. McLean: Oo., deliv ered to the defendant, The Ohatlotte, Columbia 4 Augusta Railroad Company, at Moomeville depot, sud said defendant - then and there received from him 2 £ bales of cotton con- signed to parties in Philadelphia, Peon., to be transported over said railroad to Clarlotie by said deféndant and thence "forwarded to Philadelphia, itt deid defendant did so ttane- port the same and charged Hm and wajuited ‘kim to pay and he did pay to said defendaat 4 greater amount as toll and compensation for the trangortacion of said cotton from Movessrite 16 Chatotin his al, defieens ne: thed tine : ok iff (Ts ae he z . ie Se 2 a ¥ ; . bo kes Lk 4 4 % a. = ~S ~ Pes ee ee SEs i Ee ee oS F i : Les . SRE eee apt? ¥ eR (ane pees 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 bat 11 cents per 100 pounds as its own toll for transporting the same from Statesville to Uharlotte, 44 miles. “IV. That the other defendant, Atlantic, Tennessee and Obio Railrosl Company, ie and was at said date the owner of the aforesaid railroad extending between the thwns 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 ase and manage the same in the unlaw- ful manner hereinbefore described, to the injury of plaintifl - by discriminating charges against him as shipper of freight as aforesaid over said railroad owned by it, and, as plaintiff is informed and believes, with knoWledge of said unlawful oser and operation of said railroad by fx said co defendant Vv. That ylalatlltaees farabdcltime be the ead de fendants the penalty of two hundred dollars incurred es afore. ae ee eee 184-78, chapter 240, section ¥; Odde, § 1966. Wherefore plaintif demand jodgmett pains the defend eu ee re. ; ee _Altoraay for Pit SUPERIOR OOURT, } ‘ > Spring Term, 1885. Jobo F. Molean, Pleintif, ol al BS Azone ’ © Plaintiff, by leave of the Court at this Term. takes a noneult as to the Atlantic, Tennessee & Ohio Railroad Oom- any, « amends his foregoing Oomplaint by « so amended as his Complaint against the sole remaining de fendant, The Charlotte, Colambia & Augosta Railroad Com ny, and demands judgment against it alone as Plaintiffs Attorneys. Ne MA Soe 4 "3% oS °F, Pre. we age basi C. 6. A. Se, le La AA +0. 2B, be. C- * * NORTH CAROLINA, JUSTICE’S COURT, Before A. M. Walker, Esq.,.J. P. Iredell County. JOHN F. McLEAN, Plaintiff, ) AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIO, ( A**¥™™ TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbian & Augusta Railroad Company, answering tho complaint herein: J. Admits that it ix a Railroad Corporation duly created under soveral Acts of tho respective Legislatures of this State and the States of South Carolina and Georgia. II! Admits the allegation contained in the second paragraph. IIT. Deniex the allegations contained in the third paragraph. LV. Denivs 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 coslefendant to exact tolls or charges for freighte shipped over said road, or any part thereof, is regulated by its cbartor, being an act of the tieneral 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 ontitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroau,” ratified the 17th day of December. 1962, and «neh other amendatory acts of said General Assembly, ux were alo accepted by said company, and constitutes ax this defendant is advised and believes a binding contract between it and itx 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 incorporation, 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 mako 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, 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, amd bave 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 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, thas 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 ebarge for freights shipped over its leased road or any part thereof us was possessed by its co-defendant prior to the execution of said 2 lease. Attorney for Charlotte, eee and Augusta Railroad Company, Defendant. NORTH CAROLINA, Justico’« Court, Iredell County, Before A. M. Warxer, Esq, J. P. A. B. Springs, being duly sworn, says: That the Churlotie, Co- lumbin wnd Augusta Raiiroad Company, Defendant, ia a corpora. tion; thut he is an officer thervof, 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 before mo, this 14th day of October, 1884. JOHN F. McLEAN AGADYST The C.,C.&A And the A., T. & 0. A NS } Q frp i R ) @ Z, BAILEY, Attorney. Mécie. A A. a | Yetv Beet Bow a ee re | | Lact herent} SH Md bag JB Che HF Cl font Lm bth Goo OFS Spe ne Jaccl Aig ae Fe 4ait Tad ek Gx. CAct andl Ps | a 4 a Se ae Z1erJte YW \Bhii Wg et Tera A Cor On | AtfecceAMawtz . Wb eh cede? Ve Able .ctzé ol bed Cee Kast fiphy Cougs aAt« ac Bhs Fes Be Z oe Giz. 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NBME RR cite mi sents : | ~. fad eT ace cee Re we | | Aececer tuche tte gen tad ., ree Te eee a Oe A, ee 2 : | og Mig Me Masses is eae fehacee eee ae Zhe CLE CCCCH OTe ee Cape eat 4ade. eo C8 Ud Mifen Aol LacF. ; Vath fhtz abs cae Ae ote ok gb siibahones Pees LM Uitte. | anes A Mivhind Wl eucaderav a BE sce Aacrce'cevaaticlaileers Uoltleel if ate é pecccctlewenliscad teummunatca iWdidanddagh ell ofiy WZ Ck 7tfsy: cbbcanaeeel . fertapamel Gi OL, Reon fom fe Coal of thibiatlun?” grinded, Oy Mec DtA Wl Teytleffauasly hacsliratoes ot Se 4 ie Cee i Cnt Aafia — « a 29 ae epee | NORTH CAROLINA, In THE Justice’s Covrt, IREDELL COUNTY. Berore A. M. Waker, J. P. John F. McLean, Plaintiff, vs. The Charlotte, Columbia & Augusta Railroad Company, and The At- lantic, Tennessee & Ohio Railroad Oompany, 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 Oarolina, 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 Oompany is, and was at the date specified, . > carrier of goods and merchandise, the railroad and all appur- tenances thereof extending between the towns of Charlotte t and Statesville and known as the “Atlantic, Tennessee and Ohie Railroad,” on which Mooresville is one of the way sta: tions; and by said railroad line the distance from Statesville to Charlotie is 44 miles and from Mooresville to Charlotte is 28 miles, Ill. Thatonthe / day of Ne , 1885, the plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv Bs ered tothe defendaat, The Claslotte, Cotmmbia é& Augusta |< Railroad Company, at Mooresville depot, and. nid defendant then and there received from bim 2 £ bales of cotton con- signed to parties in Philadelphia,,Rean., to: be transported over said railroad to Chmriotte by said defendant sad thence forwarded Philudelpliin, and said defendant did se tans. _ Port the same and-charged Mite and required hitr to pay and he did pay to said defendant « greater amount as toll and “compensation for the transportation, of said. cotton from Mooresville t6 Charlotte than said defendant at, that time Charged for the transportation of an equal quantity of the : tion over said railroad ; the said defendant charging him from Mooresville via Charlotte to Philadelphia. 73 conte per 160 100 pounds as its own toll 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 Stateeville 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 Raifroad Company, is dnd was at said date the owner of the aforesid railroad extending between the tow nx of Charlotte and Statesville and concerned and interested in - the operation of the same by its co-defendant, The Mhariotie, Columbia and Augoget 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 asa shipper of freight as aforesaid over said railrosd owned by it, and, ax plaintiff is informed and believes, with Knowledge of said unlawful oser and operation of said railroad by its said co-defendant. V. That plaintiff sues for and cialis from the said de fendants the penalty of two hundred dollars incurred as afore. : said under Act of Assembly, 1874-75, chapter 940, section 1; Oodle, § 1986. alile for said sum of $200 and costs of action. BOBBINS & LONG, Attorneys for Plaintiff. SUPERIOR OOURT, } > Spring Term, 1886. Jobo: F. McLean, Plaintiff, va. Amendment to The Obarjotte, Columbia & A ugos- / ta Railroad Company. Defendant © Plaintiff, by leave of the Court at this Term. takes a noneuit as to the Atlantic, Tennessee & Ohio Railroad Oom- ny, and amends his foregoing Complaint by striking out os therein made directly against said Oompany and al! relief prayed for against it, and adopts said Complaint ) amended as bis Complaint against the sole remaining de fendant, The Charlotte, Oolambia & A agusta Railroad Com pany, and demands judgment against it alone as prayed for ROBBINS & LONG. Plaintiff's Attorneys. NORTH CAROLINA, )JUSTICE’S COURT, Tredell. County. \ Before A. M. Walker, Esq.,J. P. . JOHN FP. McLEAN, Plaintiff, } AGALNST | THE CHARLOTTE. COLUMBIA & AUGUSTA | 4 wee RAILROAD COMPANY, ASD THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering tho complaint herein 1. Admits that it ix a Railroad Corporation duly created ander xeveral Acts of the respective Legislatures of this State and the Statos of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph, ITI. Deniex the allogations contained in the third paragraph LV. Denies the allegations contained in the fourth paragraph V. Denicx the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsouver For a xecond defence— That the right of its coslefendant to exact tolls or charges for frvights shipped over said road, or any part thoreof, is regulated by its cburtor, being an act of the Heneral Asssmbly of thin State, entitled “ An Act to incorporate the AUantic, Tennossoe & Obie Railroad Company,” ratified the 15th day of February, 1855, and an act of the Goveral Assembly ontitied “An Act to amond the charter of the Atantic, Tenneece & Obio Ralirona,” retified the 17th day of December. 1962, and «neh other amendatory set« of said General Amombly, a« were alee aceopted 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 the other, and that the ssid Gepers! Assomiily, by virtue of said act of incorporation, and those amer datory theroof, so passed befire the constitution adopted in 1888, conferred upon iis co defendant absolute, unqualiged and uolimited 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 3 ber, 1881, ita co defendant, pursuant to the power conferred by it» charter, executed to this defendant « lease of said railroad, ix tures, appliances, appurtenances, res! estate, rolling stock, ease ments and all and every ite property and estate of evo: y descrip tion used in connection with said road, for s term of ninety nine years, which lease iv 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 aaid property, and have ever since the said last mentioned date beld, used, ocoupied, 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 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, tha: the all aod 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 tbis defendant bas, at all times since the exe cution of said lease and it« oceupation 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 loase. ? ? Sd: Li <7 ‘ Attorney for Charlotte, Columbia and Augeasta Railroad Company, Defendant NORTH CAROLINA )} Justices» Cuert, . Iredell County } Before A. M. Wareun, Beq, J. P A. B. Springs, being duly «worn, says: That the Charloue, Co- lumbia and Augusta Raiiroad Company, Defendant, is a corpora tion; that he le an officer thervof, to wit, 6 Director: that the foregoing answer ix true to bis knowledge, except as to those matters therein «tated on information and belief, and as to those matters be believes it to be true Sworn and subscribed before me, this 4th day of October, 1884 ‘ "Twa howusony ‘XATIVE DP OL *O'OD Ze Cte ex ® j : Za . “pe J Mapbany ‘ Lo Rack a a , ie <_ - - ; a : 4 ee Gath Ae Cue : : 2 - C ZO o" aise EEE ; 2 hack <Pict ack wat at ian Ee a if ane BOF, ee A ace tee or ae te habe Le (laa wllle Soacien ae ecig ale) efid tht /6 Atag Z tA 4 RIE gE . L2 fA AF of ces eo totalerree Lee, tls ee Ne OL.f a lle La ie J Dale de Charter auch Of tevtde the z era tut wt adnwiled te fe ot. j 7 . id | Z_ fltee prrvag rages ; Ly cee Che, tehen $f , ; LP Aeftece Hac? twee | PEE: v Ltlehdetree LY ftofeet ) cee tara Nat the tacie ct recned | | C pee cocttng ag Povedte gee The tack 2 a ae a Leister bho wei LeC- saeTcet Sewell defednsot 7 os feck ecrtiaetd vn Ascii “iced clea Aacct 20¢-dA. RE aoptenaeort 2 denice puch £ oP gece Liaaihece’, Ags -— ie i i | | ’ feene ea cce ey ree. Lee oe ee ee cerget ct Ark rt;Had ac | ac . oe eee te t#cec— p ee ree ae! (Cale gs. acre hae 4F LACE, ie ete 8 uta’, \ Mepecctteyaw gl | ACL, “Sy ‘OL 4 CtAtto~ww Ft | on ALA Oye CARL CEL lecot eg Bes Ss Rate eres tle Pact Arad eee: 14e < tHe Lee p tee heey ecenesncely 2 vce Chet oe ad | Me, oe beet espe as V Je ! La . OA pret the Sate’ | ae ae | i La’ decode abe Shc ee z Avett Beak aL ébec ay oil ake cantante vighetiee ote L lb adie, ALLEGE en the pert fechack,< Até eal ne SS AL . aw 4, gHe Gt eyaert— x yt hea gee ‘fg tac rie Fee ee Acad shied be tea Bare Ad Litt “ieee EPG <C-E ee AaseA +44 AX LCCLE <f a Lak oe Stat gt Gatti 4 * ‘ , ’ Sy rn ,. oe e Xs 2 - rae ‘ Pt Ly iy od ~ » ce a ae ors ay ia we ee a Tn ee ain mt i 4 , f i . ; > . | gee en Aad pote. foseed ne of Wad Regiease tfee tbe biice Of tack 2008 2 =. — eee ee ee isp Amacai ‘Eee cY dated acts y Ampapape ets were J) PIM Lowe ( Ob . % a: AR. | e a a OF Pon techahesnfevtrl sual farlpt ili es lantern Aef'ta a ELS, Vr a fords Ei Le Be ania spun tpn 2m awh _ ak > SE APM ERENT of OF -Uyp MU pnitanered Ce ea ee Me Bln. He 27 Be TS lgerncrtam 4 oo Zz Lasoo cof fol, re f Hacker, nts ot wnt beg aa AfME, fos wy fuser oredr Whee Stead home. Gs ai tty” a a : aa AM, Yalhee Ah Dect bcMare,> ” - Ne Tne MEM ee eS Rte yh ioe ts CTS cena eS oe Cen eae ' ial 08 i ** oe s % EM Asie hia Naat Fee ; 2 a | Bret & ‘i a, r 4 a om ‘ pei een i MUAR « , , j) ZA ‘a a. : rr ue” ° La , m ¢ oO . Z SP Dice oes | ZG SE Laas 7 / . ri 2 J Co pr2001 47 Baer geckos to, AB forrr—t Ze: pa dag A Vopr EK, | LMM alhe fl? . « ~ 7 f Na OR 24. LLY A a a: a ee oat ¥ PR SAL NORTH CAROLINA, In‘ne Justice’s Court, - IREDELL COUNTY.) Hrone A. M. Waxxenr, J. P. John F. nay 46 Plaintiff, The Charlotte, Columbia & eeeta . Railroad Company, and The t- Oomplaint. lantic, Tennessee Ohio Railnd Company, Defendants. The Plaintiff Complas and Alleges: I. That the defendants areind were at the date herein- after mentioned, railroad corpations incorporated and or- ganized under the laws of Noa Oarolina, the one by_the name of “The Charlotte, Colubia and Augusta Railroad Oompany,” and the other by thiof “The Atlantic, Tennes- see and Ohio Railroad Oompany IL That defendant The Cirlotte, Columbia and An- gusta Railroad Company is, an'was at the date specified, using, controlling and opeating in this State, as a common carrier of goods and meraandise, the railroad and all appar- tenances thereof extendig between the towns of Charlotte and Statesville and knovn as the “Atlantic, Tennessee and Ohio Railroad,” on whichMooresville is one of the way sta- tions ; and by said railrod line the distance from Statesville to Charlotie is 44 miles ad from Mooresville to Charlotte is 28 miles. IH. Thatonthe + day of —Ver- , 1883, the plaintiff, on behalf of hidirm of J. F. McLean & Oo., deliv ered to the defendant, Th Obarlotte, Columbia & Augusta Railroad Company, at Moresville depot, and said defendant “then and there received fim him . 7 7 bales of cotton con- signed to parties in Phidelphia, Penn., to be transported over said railroad to Ohaptte by said defendant and thence _ forwarded tw ‘Philatlelph, and said defendgut did eo trans- port the same and chargehim and required him to pay and he did pay to said defelant 2 greater amount as toll and compensation for the tngportation of said cotton from Mooresville to Charlottehan said defendant at that time “‘@harged for the transportion of an equal quantity of the “game class of freight an eal distance and in the same direo- “tion over said railroad ; thsaid defendant charging him from Wicotesvilte via Charlotieo Philadelphia 72 cents per 100 pouti d s , of which amountaid defendant took out 90 cents per - 100 pounds as its own {I for transporting the same from oe ee ada aeooe a ane porting from Statesville to Oharlotte, over said railroad, the same clase 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 poonds as its ow'i tol! for transporting the same from Statesville to Oharlotie, 44 miles. IV. That the other defendant, The Atlantic, Tennessee ang Ohio Railriad 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 Charlotte, Columbia and Augtyta Railroad Company, and permitting its said co-defendant to ase 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- eaid 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. BOBBINS & LONG, Attorneys for Plaintiff. ~~ SUPERIOR COURT, ) > Spring Term, 1885 Inepetse Oourrr ) John F. McLean, Plaintiff, The Cha ta Rail The nonsult pa all allegat and all relief prayed for he fend ny, and dem riotte, road Amendment to ve. Columbia & Augus- { Complaint Company. Defendant. | Plaintiff, by leave of the Court at this Term, takes a as to the ny, and amer amended as his ant, The Oh Atlantic, Tennessee & Ohio Railroad Oom- ds his foregoing Complaint by striking out sons therein made directly against said Company against it, and adopts said Complaint Complaint against the sole remaining de arlotte, Oolumbia & Augusta Railroad Com ands judgment against it alone as prayed for ROBBINS & LONG, Plaintiffs Attorneys NORTH CAROLINA, ) JUSTICE’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 RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering tho 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 tho allegation contained in the second paragraph. IIT. Denies the allegations contained in the third paragraph. ANSWER. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penajty or otherwise howsovver. For a xecond defenco— That tho right of its co-defendant to exact tolls or charges f for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the tveneral Assombly of this State, ontitied “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of Febroary, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railrous,” ratified the 17th day of December. 1862, und xueb other amendatory sets of- said General Assembly, ux were alxo aceopted 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 the other, and that the ssid General Assemiily, by virtwe of said act of incorporation, and those amen- datory theroof, so passed befivro the constitation 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 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 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 witbout 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 charter and the amendments thereto, as aforesaid, by virtuw of the said lease, passed to this defendant; in consequence whereof this defendant bas, 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 loase. : shee fl Attorney for Charlotte, Columbia and Augosta Railroad Company, Defendant, NORTH CAROLINA, Justice's Court, | Iredell County, Before A. M. Warner, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia und Augusta Ruitroad Company, Defendant, is a corpora. tion; that he ia an officer thervof, 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 AGA ST The C.,C.&A. RR And the A., T.& 0.1 QO yt AWOL BAILEY, Attorney. —— aetna Sea ee he a ohn eR Seer aoe ee emernenle ene See CR te ay ee LE A yaaa ae pi a sal taal ei aah ih . Re ore Re ere eT ee Perey Be eS : eee P Cree eae wee %" ar ers. es on shiny Lek i a : ‘ TO 5 ass | Breen : “i ph tr ed Sh " . k ‘ : 4 * ame haa: ewe Ben . $ * : - we? \ ee me 1 m ¥ . . . < oa > “ - t tH Re aX ‘ ‘ ay ts i. lfuw. Eo F ¢ fe ie WA . eT eb pigs _ a = GPS. ite Pilot spat | ee : hi VatLY pi Bet 0 Endl. ees | 2% mete Sho Bilanely, Jom Settee . 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AM IE (VVUAIOGLEG Lael anc enrlulld Az: darve are all Lu feselirrs Lacs, and Gui a f \ whdis sani saa. ik ee _ aft iedaacl AHhatl; ty fal 3 - L1ght Li hae, Brig caver ie ae te: Pheneey, 1 tv db -2ad tb AMS 0 LUeA~ pra ae wnews wr speed 440 i the atbetn tv Aunr0rg Chureez, | xcept, Zi neeewe. Lhe Ant Sf hte th 4H Me Lease yew cleo ud ate feucard AN pate init pvr ym y Aja Acad D te ee mee sn. the | gna At 4A, bY. ti Lhe lp tare ang aericanfel thanrdaty rt. clres Lui efenitart . adr, - that ' Ad. dan 46 “MD, be ha Ltd Py ie ‘ co And it denies Meat wt dated oD 4." |gnitny td ae oe Mak: ray ery Aoi A cian Os Ad Lhe inks if Hora py ksh UitLd, the Maat Pe, Lauigg Lt Sol as te MISES : \ ee, oe hie am eS bai daly te wi haa ato ISS AL Ls Sits Oe teak ea Dresctl l= Atat fetwetg 100A Hopped eA li 7 foresr en0ypl~01 Free | agar Dherit2 MAG tr 2% noabitrre ww teliz, a7 4 AE Lin een Le Llu weekea eZ. SLVIL cS lg a tbe | thu Cnlrfe; SYR, LEE 4, | | | DOQIWS Ve OA 46 GE) Wb bands : Waytol initial aintaiae | meat Ding thas " aiddff. D taf CMW Attht ee | Aeleciried heft ord alr he Alas Gasca, low Cute. awtdtiditle, Vt, whidisitcs Z. IE SO a bez Lilligs A putte a ae a Hida danbaggasdo efi vite wees Benh hava ol ey Bon, lal cath Ci iy Pas pina) Miah ae hfe aj lay? Tike: Ms wee Gok Ac hiatus nie a = Z pe tng of ZEA ECE. GF Of Hr Me ff? 4 lee gq * Pe pais Lu tAe 4 KOA C€ ., a Ge Po - /: 7 é AA c , + Pod a Rie ; . NORTH OAROLINA, In THe Justice’s Court, IREDELL COUNTY.) Berors A. M. Warxen, J. P. John F. McLean, Plaintiff, vB. 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 Oarolina, the one by the ‘dame of “The Charlotte, Columbia and Augusta Railroad “Company,” and _ the other by that of “ The Atlantic, Tennes- gee and Ohio Railroad Oompany.” Il. That defendant The Charlotte, Columbia and Au- gusta Railroad Company is, and was at the date specified, are using, controlling and operating in this Stare, 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- to Charlotie is 44 miles s and from Moores ville to Charlotte is ~~ 28 miles. *: TL Thetonthe 2 dayot ~V~ 1983, the - plaintiff, on behalf of his firm of J. F, McLean & Co,, deliv red to:the-defendant, The Gpariotte, Columbia Angewta then and there received from him -/ 7> bales of cotton con- signed to parties in Phila 240, be tragsported : porting from Statesville to Charlotte, over said railroad. the same class of freight, to-wit, cotton in bales. shipped from Statesville vis 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 ponds as ite own toll for transporting the same from Statesville to Oharlotte. 44 miles. IV. That the other defendant, The Atlantic, Tennessee and.Ohio Railroad Company, it 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 Augasts Railroad Company, and permitting its said co-defendant to use and manage the same in the anlaw- ful manner hereinbefore described, to the injury of plaintif by discriminating charges against him as a shipper of {reight 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 sald co-defendant. vi That plaintiff sues for and claims from the said de- fendants the penalty of two handred dollars incurred as afore- said under Act of Assombly, 1874-73, chapter 240, section 1; Code, § 1988. Wherefore plaintiff demands judgment against the defend- _. ante for said sum of $900 and costs of action. ROBBING 4 LONG, ec ae e ’ . (= wa 4 ‘2 , SUPERIOR OOURT. } > Spring Term, 1885. lnepet, Oourrr ) John F. McLean, Plaintiff. The Charlotte ta Railroad C Amendment to va. , Columbia & Augne. / Complaint. om pany. Defendant. The Plaintiff, by leave of the Court at this Term, takes « noneult as to the Atlantic, Tennessee & Ohio Railroad Oom- 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 ¢ pany, and de therein Yharlotte, Columbia & Augusta Railroad Oom. nands judgment against it alone as prayed for ROBBINS & LONG. Plaintiff's Attorneys. oe We-Lean SAR ie Pg Af IAG he oS pK fof reo ae ee ce “fy bo x mad Cth te > pe An a tdi Ai: ig EJIL bey Chirthe for Gi ty ICA ISE Thee ti ee oto. cr Uifyy.” Tied AN (Tk pele VP CAL 0g fir 0 iAgy 2 Mic ahead At tye wae th jas. Atk Livre Se DE nr pS ft tl PG Attic lepueal | z i plarn fe (AD eddie. Lehi inpndtny- hr fe Zee foils CTH. cl ofendlow Mt ta tirarve rit Whee cerrtf wacd Urine kl Crche Mh, Athurtre; Hay Thiru Ce OE ZOEY. ttc iit fo AVE, At -b204 Sf fe € ancl atthieta Ai sass _fplabé. TL cee tififrcar oh Vif a lit, curred Zevect (ee battv te? AAALH gt Gite parle lr opbiec.- tt <pltnme< and argecr Yh, Lasbsel wb ty by Mliyi (atin Veoh. bin the /1 MA ¥, CAMA | ae Me fore b of flauliff ane! asl ha die Giri *¢- eta wage, caucle r Chi fer harrdtrnr / (Lt A kbeahhdf Ch pd oons-< Mpptat goantel , CKD daytt bets bt defisidantt joc LU het Deaths tihesos AL uff thre hocebec Lk dle fret the he hong +7 | hell & then) Ke h27s6by ~ wo : ' ' f | | ‘ ee NORTH OAROLINA, © ) Intae Jusrior’s Court, IREDELL COUNTY. kvong A: M. Waxxen, J. P. John F. om Plaintiff, The Charlotte, Golumbia & A ta Railroad Company, and Thee Comp! ens lantic, Tennessee & Ohio Railtad Company, Defendants. The Plaintiff Complins and Alleges: I. That the defendants areéand were at the date hereijn- after mentioned, railroad corpcations incorporated and or- ganized under the laws of Noth Carolina, the one by the name of “The Charlotte, Colunbia and Augusta Railroad Oompany,” and the other by thit of “The Atlantic, Tennes- see and Ohio Railroad Oompany,” Il. That defendant The Charlotte, Columbia and Av- gusta Railroad Company ia, and was at the date specified, using, controlling and orating in‘this State, as @ common - earrier of goods and menandise, the railroad and all appar- tenances thereof extend; between the towns of Charlotte and Statesville and knin as the “Atlantic, Tennessee and Ohio Railroad,” on whicMooresville is one of the way sta- tions; and by said railrd line the distance from Statesville to Charlotte is 44 milesid from Mooresville to Charlotte is 28 miles. Ill. That onthe ? day of “Yet , 1883, the : plaintiff, on behalf of hidirm of J. F. McLean & Oo., deliv -» |. ered to the-defendant, Th Oharlotte, Golumbia < cAugumts E ' Railroad Company, at Myresville depot, and said defendant signed to parties in Phiidelphia, Penn. to -be transported over said railroad to Oharitte by said defendant and thenee forwarded to ‘Piriiadetphi, and podspomamaneeneenes he did pay to said defengut a greater amoun at as toll and . compensation for the trasgortation of said cotton from — Mooresville to Charlotte han said defendant at that time ‘hatged Yor the transportaion of an equal quantity of the a tbe lan t fright an eq diatance end inthe eee dine “Haatevite ia Ohare & Philadelphia 72 coats per 140 -potinds, of which amount gid defendant took out 0 centa per 100 pounds as ite own tol for transporting the same from porting from Statesville to Charlotte, over said railroed. the came class of freight, to-wit, cotton in bales, shipped from Statesville via Charlotte to Philadelphia. the place of cean- 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 Obariotte, 44 U miles. 4 IV. That the other defendact, The Atlantic, Teanesere and Ohio Railroad Company, is and was at said date the owner of the aforesaid railroad extending between the twas | of Charlotte and Statesville and concerned and interested in | the operation of the same by ite co-defendant. The beriotte, Columbia and Augie Railroad Company, and permitting its said co-defendant to use and manage the same in the unlaw- / ful manner heteinbefore desoribed, to the injury of plaintiff by discriminating charges against bim asa shipper of freight w+ aforesaid over said railroad owned by it, and, plaintiff» | informed and believes, with knowledge of said unlawful user and operation of ssid railroad by ite said co defendant. V. That plaintiff sues for and claims from the said de- fendants the penalty of two huadred dollars incurred as afore- : said under Act of Assembly, 1874-"75, chapter 240, section | ; I Code, § 1066. Wherefore plaintiff demands judgment against the defesd- 7 anta for said sum of $200 and costs'ef action. : i BOBBINS & LONG, '- Attorneys for Pisintiff. ‘ The Chark ta Rail so amended as his fendant, Tt SUPERIOR OOURT, } > Spring Term, 1885 laxnets Jobo F. McLean, Plaintiff The Pla pany th OTe rh and demandes judgment agai ve Charlotte, Columbia & Augu ve te, Columbia & Auges road Company. Defendan Complaint a sta Railroad Oo ROBBINS & LONG, Piaintifs Attorneys net ht alone as preyed for 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 & OHIO RAILROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroaé Company, answering the complaint herein: I, A:lmits that it is a Railroad Corporation duly croated under several Acts of the respective Legislatures of this State and the Stutes of South Carolina and Georgia. IT. Admits the allegation contained in the second paragraph. ANSWER. ITT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies tho liability of this Defendant to the Plaintiff, in carred for any penalty or othorwise howsovver. For a xecond defenco— That the right of ita co-defendant to exact tolla or charges for freight» shipped over said road, or any part thereof, is regulated by its charter, being an act of tho General Assombly of thin 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, Tennesxee & Ohio Railrana,” ratified the 17th day of Decomber. 1862, and «uch other amendatory acts of suid General. Assembly, ux were alxo 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 vn the other, and that the said General Assembly, by virtue of said act of incorporation, and those amen datory theroof, xo 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, 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~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 overthe 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 possorsed by its co-defendant prior to the execution of said lease. hat Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. NORTH CAROLINA, ) Justice’ Court, Iredell County, } Before A. M. Wacwer, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotie, Co- lumbia and Augusta Raitroad Company, Defendant, ia a corpora tion; that be is an officer thervof, 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 be believes it to be true. Sarorn and subscribed betore mo, this l4th day of October, 1884. JOHN F. McLEAN AGAIDYST The C., C.& A. R. R. Co., And the A., T. & 0. R. R. Co. ANSWER. BAY fk C40 4a BAILEY, Attorney. . | Ahetea. Poy ‘Dees ms cl \W« a me ALG ee a agit’ ps CPL, Got bo cA re << o bbyee JR re ~ Or Hees 5 pe Jifea lr ai MA Y - ‘ ee L772 hs ‘ Ad ace aoe eo tO thd tele ZZ Sezer Cfeete atte wee a NGzetetla Ay ie ae } PLA. cs. Ba tect’ ar ns., Jet, Dh pad . Msovitt-art ' Aatidccdl Bu \j- ; Ans oy f Pebioay 859 Aid Aw wt Ae Javed a tirliiftavatedtians Lh. 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Hreont oe ad Patna Aww 47 Ad gla eth Ae | reat Ge- ro CA dete Aw Le ZA 1/8 6 8 ay Coe. tbeLleee t ' . — ye fd atte ate riaete” : OH de ene eit et See lees ff <7 oe ishuc ca are | b- L Zo- | ae hg Citic hipaa i ; Mrags She A. Zz Y, we: J Ly: 2 | 66. Bean | ; — 36.0 Kee i Masboprwsr (ret ee Valhar The frctec Ga oh ae gs fo eatneng fporsitanes J core Laue Syme Sipe a pal hype Gro Bec tary ok Sift tipad Acriguset nf He fille, P lined smoriroreet ass PN esorecomesions” brn Geer M88 HTenreeal se atl 2, ee oo @ ard oom ode Wirs. clooney lair oe | ee reece t0vnerreg arrtomntigesenesete Eby 28 ere UMiy2, me are ee pf G+ ity Pitrrdertd eonscert nae are ys bo ard ag carree OTH vlif CaF fafa fA teem pee <: 2334-6 F fel. jOeeabni~ Hed aclarr, = cos Meg B00 ef ef haf which Paseo “NORTH OAROLINA, )‘ Dy rae Jusrior’s Oovurr, IREDELL COUNTY.) Berrore A’ M. Warxen, J. P. John F. McLean, Plaintiff, vB. 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 ‘name of “The Charlotte, Columbia and Augusta Railroad ‘Oompany,” and the other by that of “ The Atlantic, Tennes- “gee 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 Uharlotte is 28 miles. Ui. ‘That onthe 9 deyor Cet 1983, the - plaintiff, on behalf of his firm of J. F. McLean & Oo., deliv ered to the-defeadamt, The Charlotte, -Gotumbia & August. Railroad Company, at Mooresville depot, and said defendant then and there received from him .Z $~ bales of cotton con- _ signed to parties in Philadelphia, Penp.,to be trangporied over said railroad to Ohtarlotte by said defendant and thence forwarded w 'Philutelphie, aad suid defendast did so-trns " port the same and charge@ tim anil required ‘him to-pay-and he did pay to said defendant a greater amount as toll and ee E _ compensation for, the transportation ef said scotton from _ Mooresville to Charlotte than said defeudaat at-that time _tharged Yor the transportation of an equal quantity of the same Class of freight an equal distance and in the same diree- ‘tion ’over said railroad ; the said defendent charging him from - “Mooresville via Charlotte (0 Philadelphia 72 ceate per 100 pounds, of which amount eaid defendant took eut@0centsper 100 pounds as its own toll for transporting the same from Mooresville to Charictiny £9 enites, ehen-et'\the ‘tare! time: porting from Statesville to Charlotte, over ssid railroad, the same class of freight, to-wit, cotten 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 bat 11 cents per 100 poands as its own tol! for transporting the same from Statesville to Uharlowe, 44 miles. IV. That the other defendant, The Atlantic, Teanesere and Ohio Railroad Company, ie 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 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 eaid unlawfu! weer 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 ; Odile, § 1968. Wherefore plaintiff demands jadgment against the defend: - + ante for said sum of $900 and costs of action. BOBBING & LONG, _Mamcnay te Piatt. % Mee oe i > fe ads bec eS cam! a a ae te SUPERIOR OOURT, } > & lene John F. McLean, Plaintiff va. ROBBINS & Pi pany, and demands judgment against it fendant, The Charlotte, Columbia & A agesta Railroad Com alone as prayed for LONG aintif™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 |, gowen. RALLROAD COMPANY, AND. THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Reailroad Compeny, answering the complaint herein: J, 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. ITL. Denies the allogations contained in tho third paragraph. IV. Deniox the.allegations contained in the fourth paragraph. V. Denics the liability .of thix Defendant to the Plaintiff, in curred for any penalty or othorwixe howsovver. For a xecond defence— Thut the right of its co-defendant to exact tolls or charges for freighta shipped over said road, or any part thereof, is regulated by its ebartor, being an act of the tteneral Assombly of this State, ontitled.“ 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 amond the charter of the Atlantic, Tennesxcei& Ohio Railrowa,” ratified the 17th day of Devemtber. 1862, and euch other amendatory: wet of said Goueral Assembly, ux were abw accepted by said company, and sonstitutes ax this defendant ix advised and betivves a binding contract between’ it and its privies| on the one. part: and the State of North Carolina onthe other, and that the said General Aasembly, by virtue of suid-act of incorporation, and those amen: datory theroof, so passed befire the constitation adopted in 1968; conferred upon i's co defendant absolute, unqualified sod unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on thedirst day of Ovcto- 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 lease, passed to this defendant; in ~ consequence whereof this defendant has, at all times since the exe- cution of said lease and ita 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 La Le sioner Attorney for Charlotte, Columbia and Augusta Railroad Compuny, Defendant. loase. NORTH CAROLINA, Justice's Court, Iredell County, Before A. M. Warxan, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbin und Augusta Raiiroad Company, Defendant, is a corpora. tion; that be is an officer thervof, to wit. a Director; that the foregoing anewer ix true to bis knowledge, except as to those matters thervin stated on information and belief, and as to those matters he believes it to be true. Sworn and subscribed before mo, thie 14th day of October, 1884. OE ene? ake es Se 0 Patet ia aachirat Arif raat CMtater and 773 rere. Ge porphin of mea a Ay acl ad eae Bea Aelgrniie sae ‘5 fie Bee. salar Niger Reme Byte ee ee ae A122, Fetaew She J | Z Crater lea Case aero sate tye he a2ter- : U7 - Ge ne a Bag d Ted | seca : fp bey Ci : ped oo roreye ss Z LIFCTLWL Ly J ) Jef ee gener Gara sistema alt. of : dapper frmasea bb tiny V2? ene Cac: ete a a } J a Ntlrreveg Jee AT. YS l. AMG. in A> b. lo mete ! ect Mreet- 1 Lae! 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