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HomeMy WebLinkAboutRailroad Records 1902 North Carolina, In the Superior Court Tredell County. Ww. B. Lethcoe and Leah Lethcoe, being duly sworn, each for himself, deposeg and say$sthat he and sne are unable to give gureties or make tne deposit required by law to enable +hem to prosecute the above action against the defendant, the Southern pailwa: Company, and they, therefore, pray that ther be allowed to sue in such action in forma auperis. mich a Pie o® Samer oeeue. 2 Iie Mattia, GD... North Carolina, Tredell County, W. B. Lethecoe and Teah Letheoe Y 4 Railway The Southern 3 Company, To the Superior Court of Iredell y This is te certify tha plaintiff, in the above and meritorious cause of entitled action, action in In the Superior Court. Application to Sue in Forma pauperis. County:- examined the case of the we nave and we believe that she fact and law. North Carolina, 2 Tredell County. p W. Be Letcoe and Leah Lethcoe, his wife, against ee eee ee ee The Southern Railway Company. In the above entitled action upon z fidavit above set forth, it is ordered: ecute the said suit orde ra : ) + > ana i. ed as counsel ee ee ht SUMMONS FOR RELIEF—Judge,—Printed and for sale at Mascot Printing Co., Statesville, N. C. ————— a pak ee te Te the Superior Court. oe SUMMONS FOR RELIEF. 1 eee ee A ee en ee ern a a ee een en ee ee et eee teen neem ene State of North Carolina, To the Sheriff of . pe let - _.County—GREETING : You are hereby Commanded to summon L Pade ( Tee ikoatae ae the Defendant — above named, if : within your County, to be and appear beforg the Judge of our Superior 44D AL, Court, at a ers to be held for t mee, ty Cc ee Court House in __ on the Monday Monday of Maat £3 A - the same being the Lyk ans Lper wer the complaint, a copy of which will be depestted in the office of the Clerk of the r Court for said County, within the first three days of said Term, and let said Defendant......tahe notice if _' fail to answer to the said complaint within that time, the plaintif/......will apply to the Court for the relief demanded in the complaint. _ Hereof fail not, and of this summons make due return. 4 Given under my hand and seal of said Court, this Va >. ; es ZF 2 Fi Li / Cork Supértir Court of io een 5 STATE OF NORTH CAROLINA, ) .... County. ae oS ee BOND We acknowledge ourselves Bowmd unto oo eennne sonsmumnmntmennensisinennmssnmnnnnmnnnnnnii the Defendant in this action, im the sum Of cen nnnnnennn ea ee one ant. may recover of the Plaintiff......in this action. Witness our hands and seals, this MRE ssteesec sa ninth, La calle ee the Superior Court. cs onrnese hanereeneqennabnenanasragaenacenecacannennanns sunt _.. Dollars, to be void, however, if the D. 190 __ shall pay the Defendant .. all such cost as the Defend- _ (Seal.) _(Seal.) _..( Seal.) being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. _day of Sworn to and subscribed before me this 2 os oy ~ en. 2 > &j eco —_-_ C4 — ry ee a > = x 3 Ss x Ss = S = a S2 # i §) gf = > Mileage, 190 Lt ees Plaintif’’s Attorney. aa "—s0 Civi Bair sale at The Mascot Job OSes, Statesville, N. C. OF FORTH CAROLINA, To the Sherif of. Oe aes CORY : You are hereby Commanded to Summon... Aev<_Y i “ee 2. eceecceeeeeeee ~ , ‘/ personally to appear Coyrt House in.... Adak the truth to say in behalf of iy a cegtain co Aa before said Cqurt depending. “2 Ging pied Pinata Kit -4 sel Pelbitestbaear cette Clerk of our said Court, at office din G.I. Sfp. Qiesniday altey theres .isieseiecsssshttenen Mowiay Plaintiff?..... Po , g - a Against f - ite -_~ ae Defendan# Civil Subpoena. 7 Teria, 190.... * 4 North ,arolina In the Superior Court, n > r Tredejl County, January Term, 1902. Ww. B. Lethcoe and wife, Leah Lethcoe, Plaintiffs, against, COMPLAINT. The Southern railway Company, ee eee OO ee ee ee Defendant. The Plaintiffs complain 4 poration, duly organized by Law, and is engag common carrier of passengers for hire over its line of railway run- ning from Charlotte, North Carolina, to statesville, North and between other placé j said State of North aarolina, and engaged as such comm rarrie he times hereinafter mentioned; Tetheoe are hus- hand and wife, and were such 4 h me hereinafter mentioned, when > the said plaintiff, Leah Lethcoe, suffered the wrongs and injuries hereinafter mentioned; That on the evening of the 30th day of pecember, 1901, the plaintiffs intending to visit their daughter, who resided in States- North Carolina, purchased from the defendant, the Southern Rallway Company, at Mooresville, North Carolina, two passenger tick- ets from Mooresvil¥e to etatesville, entitling the plaintiffs to ride upon the defendant's train to the said last mentioned point; that tne said train left wooresville about dark, and arrived in the City of Statesville, about an hour afterwards; that when the said train reach- ed Statesville, the conductor, and those in charge of the defendant's train ran the same on the main track of the said Southern Railway on its line from salisbury to Asheville, and after moving down the track for a short distance the said train came to a full stop; and tant the conductor of said train came through the cars in which the plaintiffs were riding and called out the word: “Statesville”; that the plaintiff, W. B. Lethecoe, thereupon asked him if this was the "getting-out place”, and he replied that it was, and went with his lantern out at the door, and down the steps of the car, and stood upon the ground with the lan- tern in his hand, waiting for said passengers to alight; that immed- iately after said conductor had told the plaintiffs that this was tne getting-off place, both of these plainti . a e from their seats in the car, and undertcok to 'f said n; that the plaintiff, We Be a Lethcoe, had reached the platforr c he Yr, and wé in the act of stepping upon the first step, and the plaintiff h rethcoe had reach- ed about the door of said car, and was in the act of stepping out on the platform when the engineer of the defendant, or those having charge of the engine attached-to said train, without warning of any kind, carelessly, negligently and recklessly moved the said engine and car, causing the said car to make a violent lurch, the foree and etiect of which was to throw the said Leah Lethcoe with great violence to the floor of the car, thereby causing her great injury; Pourth. That the said Leah Lethcoe at the time of the injury afore- gaid was sixty-nine vears of age; that she was a large and corpulent woman, weighing about two hundred pounds, and up to the time of this accident had enjoyed the best of health, leading an active life, being able to cook, wash and iron, and perform all her other domestic duties, that by the effects of said fall upon the plaintiff she was badly shaken and bruised, and she was painfully injured in her back and spine; that she has suffered great physical and mental pain and dis-~ tress by reason of said injury, and still continues to suffer refran; that since being so injured the plaintiff is totally incapacitated for any kind of work, is unable to walk without the aid of a stick or ~2- crutch, and up to the time of the filing of this complaint has been compelled to stay in her bed more than one-half of the time by reason of the injury so received by her, and the plaintiff believes and so alleges that the injuries she has received are the direct results of the fall aforesaid, are permanent in their character, and that by reason thereof the plaintiff is likely to continue to suffer as long as she may live, and to be forever incapacitated for performing her domestic work; Fifth. By reason of the negligent acts, and want of care of the defendant aforesaid the plaintiff has been greatly damaged, as above set forth; to-wit: in the sum of One Thousand Nine Hundred and Ninety- nine and 99/100 Dollars, ($1999.99): Wherefore the plaintiffs demand judgement against the South- ern Railway Company for the sum of One Thousand Wine Fundred and Nine- ty-nine and 99/100 Dollars, and the costs of this action to be taxed Menachathe ¢ Traivmin:, se aa YA an A Kh oe Das DD «id IP Ath CSS os Attorneys for P*aintiffs, by the Clerk of this Court. North Carolina, Iredell County. Leah Lethcoe, being duly sworn,deposes and says: That the fatts stated in thé foregoing complaint are true of her own knowledge, except as to those matters and things therein stated upon information and belief, and as to those things she believes it to be true. “QW. Abo a Sworn to and subscribed before me this the Le. day of Janua- ry, 1992. ie 2 A 2: * Merth Careline > Im the Superior Court — Bt aie, Repeat Seager goa : Say a, Bo ~-Eredell County a has oped January Term 1962 ~~" “ww ¢ WB, Lethee and wife Leah Lethee, plaintiffs va Answor. The Seuthern Railway Cempany Ca ema enter Gene tte coe ch snes ste poet def ondant. The defendant, Seuthern Pailway Company, answering the Complaint in thia action, says; Firstj----That the defendant, Southern Railway Company, is a eer poration duly and eriginally ereated and organized hy and under the laws of the State ef Virginia and exists, under and by virtue - ef the laws of said State, and is engaged fer hire in the trans- portation. of passengers over its various lines of railway. Secondj---- That the alleagtions contained in the second paragraph ef the Complaint are untrue and are denied, the-alleagtions centained in the. third paragraph ef the Cemplaint are net true and are denied. Yaurah-------That the allegations contained in the fourth para graph ef the Complaint are net true and are denied. - - Fifth}--- That the allegations contained in the fifth paragraph ef the Cemplaint are net true and are denied, , And for a further defense te said action, deféndant says; 7 aera ag ‘That whatever injury plaiatiff sustained was caused by her owt Rogligence and Frécklensness 4m attempting to alight fren a mor- ; oo” . ; —_— “ ; ; a0 te - - ‘ - ol eas 78 ” * “tng: ‘train before at camo, te a stand +121 ‘at he’ ‘station’ where : : passengers are: acoostema to alight, when she knew that sald train had not reaehed paid atation. ode » And for a Tr ther defense to plaintiff's action defendant Bays j that pla: ntirr contributed te whatever injury she sustain ~ Oa by “her. own négligeneoe and reeklessaness in standing .up an the : deer ef said ‘ear, and. renain in her seat until the ear ame te” a stand still at the station where plashtirr knew passengers wore permitted to alight, witheut any ‘Ketek so te de, by any officer employee.er agent ef the defendant eompany. Having fully answered, defendant prays that it reseyer ite eosts and go henee without day. * On, Price th C Calduch Attys fer defendant. D.M.Coiner, being duly sworn says, that the foregoing Answer is true as ef his own knowledge, except those mat’ ers atated therein upon information and: deleif and as te these he beleives it to be true. Sworn to and subsoribed before me this the?/ day of January 1902 North Carolina In the Superior Court Iredell County November Term 1902 ee mete A Go W.B.Lethco and Wife, Leak Lethco J4dgment. vs Southern Railway Company, This cause coming on at this term of the Court before Neal, Judge and it appearing to the Court that the said cause of action has heretofore been compromised and the terms agreed upon having been complied with, and it further appearing that the costs of the action have been paid, all of which appears upon the records of this Court; It is therefore considered and decreed by the Court that the said terms and compromise heretofore made be and the same are hereby approved by the Court; it is further ordered and decreed by the Court that the defendant go hencw without day, Judge Presiding, ' BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N. 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Gaibbeanien | ts | aanteennnanennaennenennnnnennnnensnmnaenenns seeetuenne — sesne + Hesteue eental eatnenessl beesenreseneslensseenes BM geet RR en. henna ebaasateaera hehe destin cael Clerk. > Zz ~ * jsuivsp a YP VA Soon ee — . Pi (‘apo aqj &q paxy sp) 3 71at)-sjsoD fo Tt . Sa a as a ‘“L9NDO0d TAID ‘ON ; ne ors Railroad Records 1902 State of Maryland, City of Baltimore. of Baltimore, the State of Maryland, of Baltimore City, which court is a court of record ag a seal, which is hereto attached, do hereby certify that-<=+*+-* hel: to me well know aS he a ges of 20 a of Baltimore, who ne ing by me duly sworn, says , that as sigh; Per ite he has full power to serve any and all legal processes issuing from the courts of said State, and that on the ereto attached by reading and delivering a copy of same t 4 a’, LOE ieee of the Merchants & Miners Transportation , 2 Company therein named, Sheriff. Baltimore » State of Maryland. Sworn to and subscribed before me this the October 1900, Beownty of Baltimore C339 see Baltimere, State of Maryland. State of Yorth Carolina. —, ; Go the Sheriff of A Dla You are hereby Commanded (0 SUMMON... eee we eee eens ee err ere Oe eee eee eee Curves COUSee the Defendant ___ above named, if ho be fonind within your County, to be and appear be- fore the Judge of our Superior Court, at a Court tobe heldgor the County of. Aedlillay at the Court House in SKebssillr J on the g€ Monday ie. hie Monday cfs Chinn the sdme lai the d day of Ah, AP Rand an- «wer the complaint, acopy of which will be peated 3 in en office of the Clerk of the Superior Court for said County, within the first three days of eaid Ter m, tsaid Defendant d¢ take notice that of Hedy foil to answer to the said complaint within tipat ine, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make d ue return. Given uhder my hand and seal of said Court, this r di Cttaie hendlaae Scate Of teeter: Judie COUNTY. Iu the iia, ar ead wit RIDA. » onpb* oh). ay Wh a» , . Wp ae We acknowledge eo — ; ; ’ ‘ fal @e ~, ~~ Sean? >> ad » | Ss ar. in ‘the Sore of. 7 ae Dolars, to shoo wish jowever, if the piginciff, €, at — ca) td oP the ry max . in this action. Witness our hands and seals, this. -£ © his deltas, liabi- healt ition sum of two he eed <i dollars over and alk — and property exempt from executions Sworgp to and eubscribed before me this (AR Ue ~ Miniati’« Attornes AGAINST MY ~ SUMMONS FOR RELIEF, ‘4 ie ‘ i f ae ee os Knee . meee | be North Carolina, | In the Superior Court, Iredell County. ‘ November Term 1900, S. W. Gould & Bros., and The Wallace Bros., Company, vs COMPLAINT. Southern Railway Company, and the Merchants & Miners Transportation ecalllineeces ental iaeeesarll iene ieee carla een enna Company. The plaintiffs complaining allege: Pirst:- That at the times hereinafter mentioned the defendants were common carriers of goods, Wares, merchandise and freights for hire between Statesville, North Carolina and Boston, Massachusetts and other points to and from North Carolina and Northern and Eastern towns and cities, and were associated with each other for’their mutual benefit in maintaining and establishing a through freight line from points North and in the Eastern part of the United States to poin®s South and into North Carolina as aforesaid under agreements whereby the defendants became the arent for each other to make contracts for through shipments of freight binding upon each other and over the lines of each other respectively: in short, doing business in shipping freights as partners for their mutual profit. ‘ on : ; : —— Second:- That on the 2lst of November 1898 the Wallace Brothers Company doing business in Statesville, North Caroling delivered to the defendant, the Southern Railway Company at Statesville, North Carolina, 36 bags of roots, weighing 5600 pounds and consigned to 8. W. Gould & Bros., Boston, Mass., and the said Southern Railway Company agreed with the said Wallace Brothers Company for a consideration then and there set forth in its through bill of lading, safely to carry and deliver the said goods and property to the said consignees and received the same upon this agreement and for the purpose of delivery as set V forth in the said agreement. (2) Third: - That the deferdant the Southern Railway Company did not safely carry and deliver the said goods pursuant to the said agreement, and has failed to do so until the present time; but on the contrary the said defendant*has been negligent and has utterly failed to perform its agreement, for delivery of said goods as aforesaid; that plaintiffs are informed and believe that both of the defendants have been guilty of negligence in failing to carry and deliver said property according to contract--that they each have been accustomed, as plaintiffs are inform- ed and believe, to insure themselves against risk and hazard on land and sea against losses in the transportation of freights, and plaintiffs have reason to believe that defendants were protected by insurance against loss of said goods, and if the same have been lost’ by any agency independant of defendant's agents, each of the said defendants should now be held responsible for the said loss; that the said goods were worth at the time of shipment $524.70 and were of such a class of goods that they could not at the time be duplicated; that the said Wallace Brothers Company have been deprived of the value thereof from the ------ day of mame e enna '98 until the present time, and they allege that they are damaged in the sum of $524.70 with interest added thereon from said date, and besides for trouble and expense of trying to get said goods, making a total damage of $600.00 dollars; that on the 17th of December '98 they filed claim with D. M. Coiner the Agent o f the Southern Railway Company at Statesville for said goods, or the value thereof, but the defendant has never delivered the goods, nor paid for the same. Pourth:- That the Wallace Brothers Company is a corporation doing business in Statesville, North Carolina, and the plaintiffs 3. W. Gould & Bros:; ts a partnership composed of &, W. Gould, A. M. Gould and A. W. Gould doing business near Boston and having dealings and transact- ing business in North Carolina with the said firm of Wallace Brothers Company. Fifth: - That the Southern Railway Company is a corporation originally organized under the laws of the State of Virginia and doing business in North Carolina and numerous other States and having a through freight line from Statesville to Boston as aforesaid, (3) Sixth: - That the said firm of S. W. Gould & Bros., have been greatly | damaged by reason of the breach of contract of the defendant, the aberberh Railway Company in making prompt delivery of said goods, and in their utter failure to have ever delivered the goods at all, although demands have been made frequently to obtain the same, the said plaintiffs ‘allege that their damage on account of the non delivery and of the breach of the said contract is at least $600.00 dollars. Wherefore ey gilgedala demand judgment against the Southern w Railway pcos Ger tc such other and further relief as they may be entitled to. SECOND CAUSE OF ACTION. Plaintiffs adopt the allegations as set forth in paragraphs one to six in-clusive, as if fully set forth here, Seventh:- That the Merchants & Miners Transportation Company is a corporation created and organized under the laws of the State of eae ene ea=--- » and is a common carrier of freight for hire, as plaintiffs are informed and believe, between Baltimore and Norfolk, Newport News and Boston, and between Statesville and Boston and other points North, South and East and associated in the business of through freicht transportation as a partner with the Southern Railway Company and other companies. Bighth:- That plaintiffs are informed that the defendant companies had an agreement to and with each other as partners for the shipment of the aforesaid 36 bags of roots, first over the line of the Southern Railway Company to Pinners Point, Va., and thence from Pinners Point over the line of the Merchants & Miners Transportation Oompany to the consignees at Boston, and that both of the said defendants failed in their duty and obligation to deliver the said freight agreeably to the contract made with the consignor and still fail and neglect to comply with their contract to the damage of the plaintiffs in the gums respectively stated as aforesaid. Wherefore the plaintiffs demand judgment against the Merchants & Miners Transportation Company in the sum of $600.00 dollars and the een , r re OTE ee Pee PRRs yess ui Yi ak BWR ss i . fee “ ws r ee (4) costs of this action, and for such other and further relief as they may be entitled to. Atty. for Plaintiffs. William Wallace after being sworn deposes and says that he is tha President of the Wallace Brothers Company and that the facts set forth in the Complaint are true to the knowledge of affiant, except as to those matters stated upon information and helief, and as to those matters he believes it to be true, Sworn to and subscribed before me this the 8th day of October 1900, ee ee ee State of North Carolina. # In the Superior Court. Iredell County. : November term I900 S.W.Gould and Bres. and The Wallace Bros. Company, Plaintiffs, Against # Motianin the eause The Southern Railway Company and t to dismiss action as ners Transportation Co. # The Merchants and Miners Transpor- : to The Merchants& Ma- tion Company. The MERCHANTS AND MINERS TRANSPORTATION COMPANY, comes into court and through its eounsel Armfield and Turner, make a special appearanee for this purpose enly and moves the court to dismiss this aetion as to the Merchants and Miners Transportation Company for the followig reasons. First-- That this defendant is a non— resident of the state ef Nert Carolina and has no property within the state nor efficer er agent resident therein as appears from the complaint filed by the plain- tiff in this action. Second--Beeause therehas been no suffieient and legal serviee of summons in this action upoh the said defendant as appears from the return endorsed thereon. Because this eourt has no jurisdietien to proseed te judgment against this defendant in this action. The Merehants & Miners Transportation Company. Atterneys. Wx S . SOMA 2 : A. Q Mie a on ‘ : 3 x Lutery North Carelina, In-the Superior Court, ‘Iredell County. ) November Term, 1900, 8.W. Gould & Bros. and Wallace Bros Company, ve ANS WHER, Southern Railway Company, and Megchants & Miners Transportation Company. Ce me Nem Se cee eet ee a The defendant, Southern Railway Cempany, answering the con- plaint in this cause for itself, says; That the allegations contained in the first paragraph are hot true aml they are denicd. That the allegations contained in the second paragraph are not true and they are denied. That the allegations contained in the third paragraph are not true and they are denied. That as it has no knowledge or information sufficient to en- able it fe form a belief as to the truth ef the allegations - contained in the fourth paragraph and therefore denies the Same That the allegations centained in the fifth paragraph are true. That the allegations contained in the sixth paragraph are not true and they are denied. Answering the second cause of action for itself, the defer dant Southern Railway Company says, that it adgpts its answers set forth in paragraph ene to sixth thereef inclusively as if est forth here. That it has no knowledge nor information sufficient to enable it to ferm a belief as te the truth ef the allegations con- tained in the seventh paragraph and therefore denies the That the allegations contained in the eighth paragraph are net true and they are denied. And for a further answer and defeme to said action, defendant says that at the time ef the shipment of said goods a written contract was entered into bet veen the Southern Railway Com ~ pany and Wallace Bros. Company of Statesville for the ship- ment of said goods, that in said contract there was the follow ing stipulation, to-wit; "And it is expressly understeod, that for all less er damages occurring in the transit of said packages, kthe legal remedy shall be against the particular carrier in whose custo dy the said packages may actually be at the time of the hap- pening thereof, 4® being understood that the Southern Rail- way Company, in receiving the said packages te be forwarded as aforesaid, assumes no responsibility for their safety er safe carriage than may be incurred on its own road, and it is expressly confined to the roads and stations ef the Southern Railway Company." That this centract was signed by defendant's agent at States- ville and also by Wallace Bros. Company, that said goods was taken and in accordance with the said contract were hauled by this defendant Company to Pinner's Point and there prompt- ly and safely delivered to a connecting line, to-wit, the Merchants and Miners Transportation Company. Ana for afurther answer and defence to said action, defendant umyu is informed md beligves that the said goods after being delivered to the said Merchants and Miner Transp ertation Com pany, Wers-by said Transportation Company loaded upon one of ite vessels, to-wit, the steam ship Fairfax, that the said steam ship Pairfax was lost en the Sew and Pigs Reef at the entrance of Vinyard Sound during th « great storm of Noven- per 27th, 1898, without any negligence or fault ef the owners of eaid vessel of ef its efficers or employes in charge there- ef. That said vessel was sunk with the goods of plaintiff stored in it by reason of said storm and that plaintiff's 8 goods and all ether goods constituting the lead of said steamer were heat, and bb triyeds That the said steamer was destroyed by the act ef Ged and as defendant is advised and believes, neither it nor the said Merchants and Miners Transportation Company are liable. And for a fu rther answer and defence to said action, geden- dant says, the said contract for shidciw wee entered into by Wallace Bros. Company, contained this further stipulation, te-wit; "It is further urderstood and agreed between the par- ties herete,that the Railway) Company above mentioned or any connecting railroad company ahall not be liable for any da- mages by fire or collisfien on a river or sea, or fér loss er damages by storm or accident en water, as the Southern Railway Company and connecting railroad company assume no marine risks whatevere"” and as defendant is advised and believes, this stipulation in said contrac* exempts it from any liabili- ty for whatever loss that occurred upon th: steamer Parifaxs WHEREFORE having fully answered, defendant demands that it go witheut day and recover its cost. ; ! roy . 430 SA) ~~ ° ‘ >> < > Nerth Carolina, ) eet pee Wake County. 2" A.B. Andrews being duly sworn says, that he is an-effieer ef the defendant, Southern Railway Company, towit; the First Vice President tiereof; that he has read the foregoing answer and knows the contetns thereof; that the same is true to his own knowledge, except as te matters therein stated on information and belief and as to those matters he believes it te be true. Swern te amd subscribed befor em ) this the JX day ef December 1900, } : + % "orseota bine to hbaol ots scheonts aités aboos werto {La has abaoy ¥1 beyorwlaeed asw remsote bisa edt tatT ebevotseeb bin etaolt e.6eWw sotien ,nevelied 514 bestvhs et fnabrreteh aa fra bod Yo tos eris e<8 YtaqmedD noltasttoqgavatT everrt™ bes atmadovell bisa eft? som +t e@Ldarl —ohbeg ,Aolits bina of eoreToh ties sewarn were ut a sot oA +e ver ovnl heretme caw titetgtifa so ‘ced rom bine ef? paver 3 etolsalugqita serdaut aist beriatro yceqnioD enor eosliaW vd —taq en? NoewSed beets bap bootarebiu tender? at gE" 5 +hw-o3 Wu 10 bomoliner eveda yrwqrioo Yysawling ed sadt, oseried eolt “Hb ws 1OT eldail ed ton {Lara yusaqioo jworwllat yaksoeirtrroo "0 esol 105 "0 ,.208 to tevin #8 0 MOBAt! Too 10 ert? vd A6.,s0T WwlleA mieitue™ off an .1e%aY MO tAObiccs 10 ertote vd sunmuad erinat Of efuess Ytagriod bsotlian yalioentAeo bm, yaperton <eovellod ime pbeatvhbsa «lL snabiotel as hits “snevesadw asain wfLIGBIL vite | ! Pritts} oa" ' mottaluqss Ty) tvs AAOTANM IY ae + Cc me a @') us onl ' ‘ ' } ‘ ' ' °, > wortst« on gt ! i allace ‘Bros, Company. ; v8 " Or tation © . . —— 2 3 8.”.- Gould & Bros. ns Merchants and Miners T | So - e454 miowe ne twor:' a re! 2a SB 146d 740 Gaon?’ ~ me wited eeditoadva ma OJ { .oner Te woe To vab Wifi aga hie 6 nek het A he | ge nie smb Ci tae Mecei BecaLaunte i Preece gfhor Cahn Le J Lote id ce 9 ae ‘al a meats al Y a Wallace Bro mC. ’ vs Seuthern Ry Co. | | Notice. | The plaintiff will take notice that they are hereby notified to produee én the trial of the above cause in the Superior Court of Iredell County at the Noveriber term 1901,o0f said Court the original through bill of lading issued by fhe defendant to the plaintiff on the 21st day of November 189 whieh bill of lading consigned 36 bags of roots to S. W. Gould & Bro. at Boston, Mass. If saud original through bill of lading is not produced on trial, the contents of the same will be given by parol evidence, and a copy of the sane, Statesville, N. C. Oét. 29, 1907, North Carolina, | i In the Superior Court. Iredell County. I 8. W. Gould & Brothers and The Wallace Brothers Company, Notice to the Defendant, vs the Southern Railway Company. Southern Railway Company, and Merchants and Miners Transportation Company. You are hereby notified to produce and to have at the trial of the above entitled cause for the purpose of bein; used as evidence in the trial of the said cause, the written agreement, contract and stipue lation made between the Southern Railway Company and the Merchants and Miners Transportation Company containing the agreements and stipulations between the said Companies in regard to the freight carried over the line of the Soythern Railway Company and of the said Merchants, and Miners Transportation Company and the division of freight charges made between the said Companies for thé carriage of freight delivered by the said Southern Railway Company to the said Merchants and Miners Pragavortation Company, ~ in other words, the shippine contracts existing between the gaid Conipanies eovering the period of time embraced in the shipment made by The Wallace Brothers Company referred to in the pleadings in this cause, to-wit: thea month of November, 1896, and unless. you have the written contract between the said Companies in regard to the said ship- ments of freight between them as aforesaid, you are notified *h t the plaintiffs will offer parol evidence to show the said contracts in lieu of the said written contracts. This the lst day of November, orneys f the Plaintiffs. —— —_— 8S. W. Gould & Brothers, et al., vs Southern Railway Company, et 4a. ; © Notiée to Defendant. ; Office copy. = Received November Je, 1901. \ ' re Served November 202, 1901 by delivering a copy of the enclésed® r to L. C. Galdwell of counsel ~ ‘ for the Southern Railway Campany. ! ‘ad Civil Subpoena.—Printed and for sale at the LanpMagk Jos Orri~E, Statesville, N. C. 4, (J be Judge of Superior Court, at the next Court to be held for our said county at the Court ’ Moreetery—aftotonllic,, all insag wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in ir Plaintiff ? Against Pate Ce dant SUBPENA~~~Civil North Carolina In the Superior Court Iredell County November Term 1902 $.W.Gould and Wallace Bros vs Judgment. i I ie oe a Southern Railway Company. This case coming on for trial at this term of the Court before His Honor, Neal , Judge, and being called for trial, the plaintiffs in open Court Bubmit ted to a non-suit; It is therefor: considered , adjudged and decreed, that the plaintiffs take a non-suit, and the said case is hereby nonsuited It is further ordered by the Court that the plaintiffs pay the costs to be taxed by the Clerk of the Court, —_—htllen Meee JUdge Pr siding. ~S