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HomeMy WebLinkAboutRailroad Records 1887-1889 (part 2) JOHN F. McLEAN AG aT ST The C.,C. & A. R. R. Co., And the A., T. & O. R. R. Co. ANSWER. LE YAMA Z oh BAILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants } | { ANSWER. The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: 1, 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 allegation contained in the second paragraph. ITT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co.lefendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the tieneral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, anid an act of the Goneral Assembly entitled “An Act to ameoml the charter of the Atlantic, Tennessee & Ohio Railroad,” ratified the 17th lay of December. 1862, and such other amendatory acta of aid General Assembly, ax were also accepted 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 thereof, xo passed befire the constitution adopted in 1868, conferred upon its co defendant absolute, unqualified and unlimited power to fix and make its own rates for tollg,or charges upon freights shipped upon said road, and that on the first day of Octo ber, 1881, its co defendant, pursuant to the power conferred by its cbarter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rez! 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 subsixting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defendant entered upon and took cxclusive posses- siow of suid property, and have ever since the suid 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 reat stipulated tor in said lease ; and this defend- unt avers. as it ix advised and believes, thus the all and every right of its co defendant under its charter and the amendments thereto, ax ufvresaid, by virtue of the said louse, passed to this defendant; in consequence whereof this defendant has, ai afl times since the exe. cution of said lease and its occupation therdunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charye for freights shipped over its leaxed road or any part thereof ux Wax possessed by its co-defendant prior to the execution of said Attorriey for Charlotte, Columbfa and Augusta Railroad Compuny, Defendant. lease. NORTU CAROLINA, Justice's Court, Iredeli: County, Before A. M. Wacxen, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbin and Augusta Raitroad Company, Defendant, is a corpora. tion; that he is an officer thereof, to wit, a Director; that the foregoing avswer ix true to bis knowledge,except as to those matters therein «tated on information and belief, and as to those matters he believes it to be true. Sworn and aubscri s yy betor es oe ; wih 1Ld Bleararge. — “ day o kL JOHN F. McLEAN AGaADYST The C., C. & A. R. R. Co., And the A., T. & O. R. BR. Co. ANSWER. ILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, ) AGAINST | THE CUARLOTTE. COLUMBIA & AUGUSTA | Ageewren. RAILROAD COMPANY, AND THEATLANTIC, | TENNESSEE & OHTO RAIROAD COMPANY, Defendants The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: 1. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina anid Georgia, II. Admits the allegation contained in the second paragraph. III. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liubility of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— 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 charter, being an act of the tteneral Assombly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennesace & Ohio Railroad,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ax were alxw accepted by said company, and constitutes ax this defendant is advised and believes a binding contract between it and it« privies on the one part and the State of North Carolina on the other, and that the suid General Assembly, by virtue of said act of incorporation, and those amen datory thereof, xo passed befire the constitution adopted in 1868, conferred upon iis co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolla 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 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 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 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, ite. 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 leasg ; 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 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 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. 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 Raiiroad Company, Defendant, is a corpora. tion; that be is an officer thervof, to wit, a Director; that the forogoing anewer 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 subscri 6, ‘this QAR avnsegs. zi JOHN F. McLEAN AGADIST The C., C. & A. R. R. Co., And the A., T.& 0. R. R. Co. BAILEY, Attorney. 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 RAIROAD CCMPANY, Defendants ANSWER. The Defendant, The Charlotte, Columbia & Augusta Railroad Company, unswering the complaint herein: 1. Admits that it is a Railroad Corporation daly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph. III. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a xecond defenco— That the right of its co-defendant to exact tolla or charges for freigbta shipped over said road, or any part thereof, is regulated by ite charter, being an act of the General Aasombly 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 Asxembly entitled “An Act to amend the charter of the Atlantic, Tennexace & Ohio Ruilroua,” ratified the 17th day of December. 1862, and such other amendatory acta of suid General Assembly, ax were also uceopted 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, xo 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 apon 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 chgrter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rex! estate, rolling stock, ease- ments and all and evéry 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 baving no interest in or control over the same or ite 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 ite 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 gaid.lease and its occupation thereunder, had the ‘abso- lute, unqualified and unlimited right to adopt and fix aby 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. Attorney for Charlotte, Colutibia and ‘Augusta Railroad Company, Defendant. NORTH CAROLINA, Justice’* Court, Iredell County, Before A. M. Wacxer, 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 anewer is true to bis knowledge, oxcept as to those matters therein atated on information and belief, and as to those matters be believes it to be true. Sworn aod subecri e sear. ] before .mo, thi me LLdB Kpvaaauaid. ol Sion a ¢ J day o SE JOHN F. McLEAN 4G 4ST The C.,C.&A.R.R. Co, And the A., T.& O. R. R. Co. ANSWER. BAILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Iredell 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 ANSWER. The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: I, Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph, IIT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of thix Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a xecond defenco— That the right of its coslefendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the General Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio 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, Tennesxace & Ohio Railroawa,” ratified the 17th day of December. 1862, and such other amendatory acta of said General Assembly, ux were also accepted by said company, und constitutes ax this defendant is advised and believes a binding contract between it und 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, xo passed befivre the constitution adopted in 1868, conferred upon iis co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolla or charges upon freights shipped upon said road, and that on the first day of Octo- ber 1881, ita co defendant, pursuant to the power conferred by its ‘churter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, roi! ostate, rolling stock, ease- ments and all und every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which leaxe is still aubsixting and is duly registered accord- ing to law in the counties of Mecklenburg und Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of suid property, und have ever since the suid 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 jtx management, and having no interest whatever, except in the receipt of the rent stipulated for in said lease ; and this defend- ant avers, as it is alvised and believes, that the all and every right of its co-defendant under its «barter and the amendments thereto, ax aforesaid, by virtue of the said lease, passed to this defendant; jn consequence whereof this defendant has, at all times since the exe- cution of xaid lease and its occupation thereunder, had the abso- jute, unqualified and unlimited right to adopt and fix any tariff or charge for treights shipped over its leaxed road or any part thereof ux was possessed by its co-defendant prior to the execution of said cs Lee Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. . louse. NORTH CAROLINA, } Justice's Court, Iredell County, Before A. M. Warxen, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbin and Augusta Raiiroad Company, Defendant, ia a corpora. tion; that he i# an officer thor of, to wit, a Director; that the foregoing arawer ix trae to his kwowledge, except as to those matters therein stated on information and belief, and as to those matters he believes it to be true. Sworn and tubvcri ape 4 4 ’ betogy = a te LA Claas... day of , 1884 18 JOHN F. MeLEAN AG AIST The C., C. & A. BR. R. Co., And the A., T. & O. RB. RB. Co. ANSWER. BAILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,/J. P. JOHN PF. McIEAN, Plaintiff, ) AGAINST THE CHARLOTTE. COLUMBIA & AUGUSTA { Auer, RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPARY, | 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 Legistatures of this State and the States of South Carolina anil Georgia. II. Admits the allegation contained in the second paragraph. ITT. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of thix Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co-lefendant to exact tolla or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the General Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroad,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ax were also accepted by said company, 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 said General Assembly, by virtue of said act of incorporation, and those amen datory thereof, xo 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 tglig.or charges upon freights shipped upon said road, and that on the firgt 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! 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 sald 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 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, tha: the all and every right of its co-defendant uuder its charter and the amendments thereto, as aforesaid, 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 ita occupation thoreunder, 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 posscesed by its co-defendant prior to the execution of said loase, Attorney for Charlotte, Colamb Augusta Railroad Company, Defendant. NORTH CAROLINA, } Jastico’« Court, Iredell County, Before A. M. Wataur, Esq , J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raitroad Company, Defendant, is a corpora. tion; thut he is an officer thervof, to wit, a Director ; that the foregoing anewor ix true to bis knowledge, except as to those matters therein stated of information and belief, and ‘as to those matters he believes it to be true. Sworn and subseri belt wi i Lilo dpecrga day Pe JOHN F. McLEAN 4G 4 OST The C., C. & A. R. R. Co., And the A., T. & O. R. RB. Co. ANSWER. BAILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Iredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, ) AGAINST } THE CHARLOTTE, COLUMBIA & AUGUSTA { Amowne. RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, | Defendants The Defendant, The Charlotte, Columbia & 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 allegatiun contained in the second paragraph. ITI. Denies the allegations contained in the third paragraph. LV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defenco— That the right of its coulefendant 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 Assombly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroua,” ratified the 17th day of December. 1862, and such other amendatory acts of suid General Assembly, ax were also accepted by said company, and constitutes as this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of said act of incorporation, and those amen datory thereof, xo 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 firatday of Deo. ber, 1881, its co defendant, pursuant to the power conferred by its churter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rou! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this defondant entered upon and took exclusive posses- sion of said property, and have evor 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 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 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 charge for freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to tbe execution of said loase. Attorney for Charlotte, Columbia Augusta Railroad Company, Defendant. NORTH CAROLINA, Justice's Court, Tredell County, Before A. M. Warxer, 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 he is an officer thervof, to wit, a Director; that the foregoing answer ix true to bis knowledge, except as to those matters therein atated on information and belief, and as to those matters be believes it to be true. Sworn and subser betggy me, thie ae LAA? ef, aaeregd day of Be 1 ‘ f JOHN F. McLEAN AGATITST The C.,C. & A. BR. R. Co., And the A., T.& 0. BR. RB. Co. ANSWER. . 3s, BAILEY, Attorney. ¥ 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 RAIROAD COMPANY, Defendants ANSWER. The Defendant, Tho Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: I. Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph. III. Denies the allegations contained in the third paragraph. IV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of thix Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defenco— That the right of its co.lefendant to exact tolls or charges for freights shipped over said road, or any part thereof, is regulated by its charter, being an act of the General Assembly of this Stato, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and un act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroaa,” ratified the 17th day of Decomber. 1862, and such other amendatory acts of said General Assembly, ax were also accepted by said company, and constitutes ax this defendant is advised and believes a binding contract between it and its privies on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of said act of incorporation, and those amen datory thervof, #0 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 tolla,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, rou! estate, rolling stock, ease- ments and all and every its property and estate of every descrip tion used in connection with said road, for a term of ninety nine years, which lease is still subsisting and is duly registered accord- ing to law in the counties of Mecklenburg and Iredell, by virtue whereof this 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 baving uo 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, tha: 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 fur freights shipped over its leased road or any part thereof as was posseesed by its co-defendant prior to the execution of said Vy) . ° _ Attorney for Charlotte, Columbi Augosta Railroad Company, Defendant. NORTH CAROLINA, } Justice's Court, Iredell County, Before A. M. Wacken, Esq, J. P. A. B. Sprifgs, being duly sworn, says: That the Charlotte, Co- lumbia and Augusta Raiiroad Company, Defendant, ia a corpora. tion; that be is an officer thervof, to wit, a Director; that the furogoing answer ix true to bis kriowledge, except as to those matters therein stated on information and belief, and as to those matters be believes it to be true. ng and subscri : ¥ . bet sbi AL: SBE ihe ahi , day o ; . JOHN F. McLEAN AGAIYST The C.,C.& A. R. R. Co., And the A., T. & 0. RB. R. Co. ANSWER. BAILEY, Attorney. NORTH’ CAROLINA, YIUSTICE'S COURT, Iredell County. \ Before A. M. Walker, Esq.,/J. P. JOHN F. McLEAN, Plaintiff, AGAINST | THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHTO RAIROAD COMPANY, Defendants ANSWER. The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint berein: I. Admita that it ix 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 allogativn contained in the second paragraph, ITf. Deniex 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 chartor, being an act of the tveneral Assombly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Obio Ruilroad Company,” ratified the 15th day of February, 1855, and un act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroad,” ratified the 17th day of December. 1862, and such other amendatory acta of suid General Assembly, ax were also aceepted by xaid company, und constitutes ax this defendant is advised and believes a binding contract between it and its privics on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of suid act of incorporation, and those amen datory thereof, xo passed befire the constitution adopted in 1868, conferred upon iis co defendant absolute, unqualified and unlimited power to fix and make its own rates for tolla 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, rei] cstate, rolling stock, ease- ments and all und 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 und Iredell, by virtue whereof this defendant entered upon and took exclusive posses- sion of anid property, and bave evor since the said last mentioned date held, used, occupied. managed and controlled the same ex- cluxively and without any aid or co-operation of its co-defendant, its co defendant having no interest in or control over the same or itx management, and having no interest whatever, except in the receipt of the rout stipulated for in said lease; and this defend. ant avers. as it ix alvised and believes, that the all and every right of its co defendant under its cbarter and the amendments thereto, ax ufurosaid, by virtue of the said louse, passed to this defendant; in consequence whoreof this defendant has, at all times since the exe- cution of said lease and its occupation thereunder, bad the abso- lute, unqualified and uilimited right to adopt and fix any tariff or charye forefreights shipped over its leased road or any part thereof ux Wax poxsexsed by its co-defendant prior to the execution of said Attorney for Charlotte, Columbia and Atgoxta Railroad Compuny, Defendant. louse. NORTH CAROLINA, } Justice's Court, lredell County, Before A. M. Watxan, Esq , J. P. A. B. Springs, being duly «worn, says: That the Cbarlotte, Co- lumbin und Augusta Rairroad Company, Defendant, is a corpora. tion; that he ix an officer thet of, to wit, a Director; that the furegoing avawer ix true to bis knowledge, except as to those matters therein «tated on information and belief, and as to those matters he believes it to be true. Sworn and subecri h / “ eo ip ese this aa abe htt fuasasiga. day 0 1 6 4 i JOHN F. McLEAN AGaDYsST The C., C. & A. BR. R. Co., And the A., T.& O. R. R. Co. - ANSWER. BAILEY, Attorney. 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 RAIROAD COMPANY, Defendants | | { ANSWER. The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: ‘ I, Admits that it is a Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allegation contained in the second paragraph. ITI. Denies the allegations contained in the third paragraph. LV. Denies the allegations contained in the fourth paragraph. V. Denies the liability of this Defendant to the Plaintiff, in curred for any penalty or otherwise howsoever. For a second defence— That the right of its co-defendant to exact tolls or charges for freights sbipped 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 incorporate the Atlantic, Tennessee & Ohio Railroad Company,” ratified the 15th day of February, 1855, and un act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroua,” ratified the 17th day of December. 1862, and such other amendatory acts of said General Assembly, ux were alxo necepted 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 thatthe said General Assembly, by virtue of said act of incorporation, and those amen datory thereof, xo passed before the constitution adopted in 1868, conferred upon iis co defendant absolute, unqualified aod unlimited power to fix and make its own rates for (olla 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, roi.) cstate, 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 ¢éontrolled 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, thas 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 ita occupation thoreunder, had the abso- lute, unqualified and unlimited right to adopt and fix any tariff or charge fur freights shipped over its leased road or any part thereof as was possessed by its co-defendant prior to the execution of said loase. Attorney for Charlotte, Columbia and Augusxta Railroad Company, Defendant. NORTH CAROLINA, Justice's Court, Iredell County, Before A. M. Warxsr, 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 thorvof, to wit, a Director ; that the forogoing 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. Sworn and sabscrity ’ . baton eit “ib LEA Lie. aaa! 0 - "1884. - day JOHN F. McLEAN AGAIITST The C., C. & A. R. R. Co., And the A., T. & O. RB. R. Co. ANSWER. BAILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Iredell 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 } | { ANSWER. The Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein : I. Admits that it is a Railroad Corporation duly ercated 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. IT]. Denies the allegations contained in the third paragraph. LV. Deniex the 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 defence— 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 churter, being an act of the General Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Obio Railroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charvor of the Atlantic, Tennexsce & Ohio Railroua,” ratified the 17th lay of December. 1862, and such other amendatory acts of said General Assembly, ax were alee necopted by said company, und constitutes ax this defendant ix advised and believes a binding contract between it and its privics on the une 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, xo passed befire the constitation adopted in 1868, conferred upon iis co defendant ubsolute, unqualified and unlimited power to fix and make its own rates for tolls or charges upon freights shipped upon said road, and that on the first day of Octo ber, 1881, its co defendant, pursuant to the power conferred by its charter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rez! 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 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, 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 loase. Attorney for Charlotte, Colambia and Augusta Railroad Company, Defendant. NORTH CAROLINA, } Justicoe’« Court, Iredell County, Before A. M. Watxen, 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 be is an officer thervof, to wit, a Director; that the foregoing answer is true to bis knowledge, except as to those matters therein atated on information and belief, and as to those matters be believes it to be true. Sworn and subscri xt : betondo Soge we : O28. hswavagea 1884. day 0 / JOHN F. McLEAN 44G4I0TST The C., C. & A. R. R. Co., And the A., T. & O. R. RB. Co. ANSWER. BAILEY, Attorney. NORTH CAROLINA, )JUSTICE’S COURT, Tredell County. \ Before A. M. Walker, Esq.,J. P. JOHN F. McLEAN, Plaintiff, AGAINST THE CHARLOTTE. COLUMBIA & AUGUSTA RAILROAD COMPANY, AND THEATLANTIC, TENNESSEE & OHIO RAIROAD COMPANY, Defendants | | t ANSWER. Tho Defendant, The Charlotte, Columbia & Augusta Railroad Company, answering the complaint herein: I. Admits that it isa Railroad Corporation duly created under several Acts of the respective Legislatures of this State and the States of South Carolina and Georgia. II. Admits the allogation 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 defenco— That the right of its co-slefendant to exact tolls or charges for freight» shipped over said road, or any part thereof, is regulated by its churtor, being an act of the tienoral Assembly of this State, entitled “ An Act to incorporate the Atlantic, Tennessee & Ohio Ruilroad Company,” ratified the 15th day of February, 1855, and an act of the General Assembly entitled “An Act to amend the charter of the Atlantic, Tennessee & Ohio Railroua,” ratified the 17th day of December. 1862, and «uch other amendatory acts 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 its privies on the one part and the State of North Carolina on the other, and that the said General Assembly, by virtue of suid act of incorporation, and those amen datory thereof, ro passed before the conatitation adopted in 1868, conferred upon its co defendant ubsolute, unqualified and unlimited power to fix and mako its own rates for tele 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 churter, executed to this defendant a lease of said railroad, fix- tures, appliances, appurtenances, rei! ostate, rolling stock, ease- menta und all and every ita property and catate 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 countios of Mecklenburg and Iredell, by virtue whereof this defendant entered upon,and took oxclusive posses- _ sion, of uid property, und have evér since the suid last mentioned date held, used, occupied; managed and controlled the same ex- clusively and without any aid or co-operation of its co-defendant, ite 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 rent stipulated for in said lease ; and this defend- unt avers, as it ix advised and believes, thas the all and every right of its co defendant under its charter and the amendments thereto, ax aforesaid, by virtue of the suid lease, passed to this defendant; in consequence whereof this defendant hus, at all times since the exe- cution of said lease and its occupation thereunder, had the abso- hite, unqualified and unlimited right te adopt and fix any tariff or charye for treights shipped over its leased road or any part thereof ux Was possessed by its co-detendant prior to the execation of said loase. Attorney for Charlotte, Columbia and Augusta Railroad Company, Defendant. a NORTIL CAROLINA, Justico’« Court, Iredell County, Bofore A. M. Watxan, Esq, J. P. A. B. Springs, being duly sworn, says: That the Charlotte, Co- lambin and Augusta Raitroad Company, Defendant, is a corpora. tiun ; that he ix an officer thervof, to wit, a Director ; that the foregoing avawer ix true to bis knowledge, except as to those matters therein stated on information and belief, and as to those matters he belierux it to be true. Sworn and subseri rf vio an yee? Lid etheasagd 1 J day 0 JOHN F. McLEAN AG ATITST The C., C. & A. R. R. Co., And the A., T. & 0. R. R. Co. ANSWER. BAILEY, Attorney. K Reon fr §6 & Oodeek dae | 7. i 5 oy F i rae { f A f Lb | - % , \ 4b, Sb AP heyertuele. | eon J O72 or EEC/ 0F De te ILEG: Bn SS Be Me eign ih ado pon 22 Qa Be Aifpetn? Urn Bere © x ec , VOU DUKIV IY (WPOL KUMP AY fora Tl —<oe) FELIE-GHY, ' | } i | ae Lig . fo sk/ (60 Br lor red ig a ee fe hie . 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