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Railroad Records 1903
NORTH CAROLINA, SUPREME COURT. soe Cll EA Gounty. 2G le lp uth, Keilory ( Gp Gause came on to be argued upon the transcript of the record from the Superior Gourt of aaciai Gounty:—upon consideration whereof, this Gourt is of opinion that there is... A@ error in the record and proceedings of said Superior Court. It is therefore considered and adjudged by the Gourt here, that the opinion of the Court, es-leliversd=’g.. ba IE ce ER, Superior Gourt, to the intent that en he Lfrmek, And it is considered and adjudged further, that the Mf ud cn Ab J be certified to the said SF: bS7 the costs of the appeal in this Court incurred, to-wit, the sum of 407 dollars ($ ASSES ), and execution issue therefor. A True Gopy: Glerk of the Supreme Gourt. Railroad Records 1903 Magistrate’ s Summons.— Printed and for sale by Brady, The eae Statesville, N.C * 12-19-O1-500 ps a Sete dicmeen ae Seeeenoiodes Township. i ge ape County. Plaintiff Defendant Justice of the Peace. The State of “North Covahiin aA Se To any Constable or other Lawful Officer of —. 2 oe to Sumn nauk Ar 2 to appear before me at my office in ! Township, County of Pu oka, sii wee _ Zor a i. 1? o'clock, Q—m.. to answer ae, complaint of CA. Alem pe Fa for the non-payment of ‘ J Dollars ; yN o and ohh Pe ; . cents, and interest on §$ from : ( ¥ A due by j ind demanded by said plainti ry? nd for costs Herein fail not, and of this Summons make due return This 5 AL justice of the Peace * INVGNS 430 YO4 SNOWWNS (ddd 404 SNOWWNS panes paniaoay q DIY j Tre OF WOrgrrr Cag 0 | . 1 & X R o£: iN ® NS ‘Ayuno) ‘drysumo wy, ee yO , & > 06! “2, 961 County. Clerk of the Superior Court of said County, do hereby certify that , the person who subscribed the foregoing Summons, at the date therein mentioned, to-wit : on the day of tgo is a Justice of the Peace in said County; and that I am acquainted with the handwriting of the said and believe the name subscribed to said Summons is his proper and genuine signature. In witness whereof I hereto set my hand and official seal, this day of rgo Clerk Superior Court. woken ins —Printed and for Sale - — The Printer, Statesville. N. C. §-27-"0I-1000. State of orth Carolina, | COUNTY. To any Constable or other lawful Officer of .."% << . County—GREETING : You are hereby Commanded to Summons Reaik ‘acBis to appear persoriafly before fe ? I Oe ,a Justice of the Peace for said County, at Wid office i in said County, on the oA a day of Mabie Aer 190. to give evidence in an action, now dependitig’ before said Justice, and then and there to be tried, between . i . _—— : . ; 6 Hanre< anal oe Ho Harree, _ Plaintifigand ° s . i J ’ > Seonfacy , Defendant, on the part € f fail Ket under the fairy ert by law. oy said Justice, thig V9 day of De 190 i 7 NY A OMB. atee Justice of the Peace. ’ ‘ A ‘/ - a - i : Paci Bxatina Indie Grundy | Mihivaitte Teun thf, een 2k. Bo | ler a Burt rf Seechtt Beir | prreraner tf ihe netic of bla, ae | Gsel Artinn, hat bof op a yaa | .. e i ae | B_¢* Wovreubsr/Pot sy i lamp ae ipa : rt, | Jha pleentif Dorn folrincl or hi. tows china ofp | v Tateek Wit Meth Valier suatefn deme web Sabre acts 22. bearing hoesl Olrate Hse 89 74 | : 4 Vhs at haieo Hr befrndank lancire tor Dg | Orr irchtek to plac tiff for Cree K Cast tak | eeteec ite Uainnes r P30 Cle rage Or Daher | - ! SF ake BnLfy : ner il sla of Aan inaans huacrbacciincael & seh a got te tg tp Time Ath of think. eG le North Carolina Justices Court Iredell ‘Sounty I R.C.yarris and Wife | vB Notice of Appeal, Southern Railway Company, | To, Harry P. Grier, Eq, Atty for Plaintiff. Take nctice that the defendant, Southern Railway Company, appeals from the judgment of J.P.Burke, Justice of the Peace in the above entitled case. November 29th 1902 Southern Ra lwvay Company. wy OE Ceres Vutiu acopery Ww 14-/9¢Lr i) DAS ' Batic. VS. 7 7 em Cahn S defrier Quit | ete ll Che %y Meg ect lesen! /P08. Ab Herrce ¥uife | NER . etic | SS | ¢~ - o Bde bth ligt 3 No. BILL OF COSTS. ei cae and for sale by Edwards & ee Printers and Binders, Raleigh, N. & woe et saa $e Original Summons, or other ing all names therefn” Every copy of same | Bond, including Justification... \ | Appeal from Justices ....... | Appeal from Clerk to Judge County. | Order for enlarging time of pleading | Interlocutory Orders , Attachment, Order in... sidasbedbigbiveubict junction Order, including Bond and Justification 7 Ck Er of Arrest. ‘ Subpcena, each name ake Notifying Solicitor of Removal of Guardian Continuance Caveat to a Will, entering and docketing Issuing Commission Affidavit, including Jurat and Certificate Seal reson. Eatry and Record Ef 4 rdir Notice, Notice, for each name over one in same paper Impaneling Jury justification of Sureties, except as otherwise provided, Judgment final in term time Judgment Against Judgment final before Clerk ee ff ; f Judgmeut iv favor of Widow’s Year's Support L f LY : Docketing same Docketing ex parte Proceedings Judgment Summons Indexing Judgment Filing Papers Postage, actual Transcript of Judgment Execution and Sheriff's Return Appeal to Supreme Court, including Certificate and ea Ao op. Transcript to Supreme Court, copy sheets, each County Tax, when Jury impaneled Referee's Allowance Sheriff p LE: EL LYK Constable aaginsate G-Pen Plaintiff 's Witnesses Defendant's Witnesses fg “YZ YrvT7;: tg > W, F204 FO EY PY (epog eq Aq pexy sy) “MAID=-"SLSOI JO TH LIXIOT TIAII Railroad Records 1903 . x sae we ti A bei», Presentment before Grand Jury with Instructions to Jury.—Printed and for sale at THE LANDMARK JOB OFFICE, Statesville, N. C. SUPERIOR COURT, The'Grand Fury do Present, That ee “ leceleLetr 4 ia AA : / a % 2, é at ¢. A MLO OA 5 COL , A.D. BS. Ay, in said County, commit the following Attet <.. teceel ie <.. c ec CL¢< = a (~The burktee. tho btn GAC ha haere 7 og y WITNESSES: P ee bed tecvte, 0 . , of , of of of of of , of | MELLEL | ge Mr. LOG LIF PLL 4 . 4a treo Ki ‘ — ¢ fe CECl (fie LY If Yatky Ly ~ O- - Tice Foreman Grand Jury. Z County. The offence should be described fully enough in the presentment to en- able the Solicitor © draw an indictment therefrom SP" Give full Christian name as well as surname, wherever it can be done e*pecially of the acoased person. 62 Give as near the true date as possibile. If the offence is & mutual assaulting and fighting together of two or more persons name all the offenders and charge that they “did unlawfally make ap affray,” and if with any deadly weapon, name the weapon. If Assault or Assault and Bauery by one or more persons opon another, name the person assault-d as well as the offender, and If done with deadly weapon, name ft. It Larceny, use the word “steal.” and name the particular thing or things sto and state whose property it was. f foret trespass on Personal Property, name the property taken or invaded, and state whose possession It waain at the time: and If the posses cot was present forbidding the treepass state this fact; or if he was absent and his wife or other member of his family, or his agent. was present for- bidding, set this forth. And tn forcible entry on land or house, describe the offence in the same way. | bous*, barn, &c.,) and state whether at night or If LARCENY OF UNG \THERED Propuce, say “UncaTHERED If Breaking or Entering House with intent to steal, or commit other fel- ony *tate what kind of a house (whether as hu G80, Store house, smoke n day time. If Bigamy, give the name of the former wife or husband of the offender, | aod the name of the person whom he or she afterward married, and the date, a6 nearly as poesible, of the last marriage. marriages should be named on the Presentment. If Removing Crop from rented land, give the name of the owner or land- lord entitied to the rent. and state what crop was removed. If legal Kegistering as a voter, name the Kegistrar before whom the of- — registered, name the election precinct, and state why the act was un- awfal. 'feell ng Liquor Ualawtally (whether retailing 1 without license, or selling it on Runday, or selling it to ao unmarried minor, or other. lee) state how it wae onlawfally done, and name the person to whom sold. If carrying Concealed Weapon, name the weapon. If Perjury. name the Court or officer before whens the faire swoeartng was done and the case or matier in which the oath was taken, and set fo the false testimony as clearly as possibile. Witness concerning both PRESENTMENT. A “Jes fan y<* - / Court. County. 6. Clerk of within named Court: Subpana the within named witnesses to next Term of said Court. : LUV icky Foreman Grand Jury. ? No. 482, INDICTMENT —varions cases.— Printed by Tre Covaumn: iohiabiies N.C, ~ STATB.OF NORTH CAROLINA, | | County. , Term, => th present, 7hat S' (A Jurors for the State upon their the County of a ee: on the / day of in the year of our Lord ee ee, A: A> with force and arms, at and in the county aforesaif, Cordis Prrtlee. pteltecet a. Py r 7 Dr ¢ Fel Ld IN THE SUVPERIOR COURT. SAU MOIUAM Ghie A ontrar. mic and provided, hd against the peace and dignity of the State. h " ' 9 , — . Solicitor. Those marked_£ ff. X worn by the under signed, Foreman, and examined before the Grand Jury, and this bill found ffrue byll. Foreman Grand Jury. SUMMONS FOR RELIEF—Judge,—Printed and for sale at Mascot Printing Co., Statesville, N. C. = SSCS SSS ——— unty.--In the Superior Court. ‘ SUMMONS FOR RELIEF. « State of North Carolina, To the Sheriff of _.. Be Mat abe You are hereby Commanded to summon hs i ht the Defendant above named, if. 4 t be foundwwithin your County, to be and appear béfore the Judge of our Superior Court, ata oy be held for the County of eet the Court House in 2eici“n on the_ Monday after the de gf~ Monday of heh? lg ot the same being the Lf day of Loe LZ t 2 Oana answer the complaint, a copy of which will be deposited in the dffica of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant...... take notice if 4-7 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. eV Oo Given under my hand and seal of said Court, this —< 7 _day of Clerk Superior Court of _Yr Ca LLL County. STATE OF NORTH CAROLINA, ) i n the Superior Court. —- ee ee against OND $e eee ee eee ee cer ree eee eee etew seen eres oe eee sew esse ewes ene nae .. Dollars, to be void, however, if the We acknowledge ourselves bound unto _ 4} the Defendant in this action, in the sum of __.. TE i | may recover of the Plaintiff Witness our hands and seals, this a and above his debts, liabilities and property exempt from executions. eneenceqacnon+s+spagheoscacaonens __ shall pay the Defendant ... all such cost as the Defend- day of Ss a ra Me . (Seal.) (Seal.) ia Seal.) _ being sworn says he is worth the sum of two hundred dollars over Sworn to and subscribed before me this day of 199 | 3 ( igs AT fi a ebay Tw Td = ~ Ne ted 2 TIE ic ie NR N 2 is i. SS i ? is ee. a QIN 3 v4 ss Ri TS AR eS ei NINA. » |S S 8 Los Vs ee ex? It 1 lig = 2 & S : WS —_> ss - & ; 2 fatld} & £27h PINS » Beda" rs Saha hs RE ht Ay Baal rnt ! na ws Latha atin Sa A Oh - ‘ 4 mnie: x a * aR i “ : % hme e iy ‘Sao we aceon tle au . po tue 0 Ogi alge ‘ aa bale ose ak 4 om be te a 4 tM ey? ah Lee Mana et Ss tender eee e "_Apphicatton to ae = : Rapids wnte A rn te saint rs span ek ee bo eg Seon? Se = my a inde aoe ~ginswe pes This is to dertity that we have examined the case of the Piaintirt “in the above entitled action,and beleave that he has a good and - North Carolina, Iredell County. Application to:-Sue R,£. Troutman as a Pauper. seta (- Pea Sottthern Raitway~to, ‘R.E.Troutman being sworn says: That he is unable to give sure- ties,or make the deposit required by law,to enable him to proee- oute the above action,against the defendant, Southern Railway 0©0., and therefore prays that he may be allowed to sue in said action ae a. pauper, — Sworn before me this / Faay of 4 Ig0I. ee a ate Cty ee yet. North: Carolina, es ‘Tredeill County. Order granting leave to Sue Pr 2 R.E. Troutman as a Pauper. Sree Sm ee =h Southern, Railway Co. sree om ov . ie 6% oe ' ‘ ”~ . g ME aes» Tee Pe eirer x OF = ve pave ay ena * = eer nage t v of’ oem = Th the above entitled action,upon the certificates and affié - ‘vavit-above set forth,it ts ordered: Pirst: That the above named Plaintiff be allowed to. prosecute he vii coon Second: That no officer ahait of him any fee,and shall recovar the said suit as a Pauper. no costs. tnt. £9 ot AK ror. pre curt ee Vo oo ee aR aS eR ants "© 2" Nerth Careline, =~. | ‘Treae11 County | ee i November Term 1901, CMe on 1% tio * aes ~~ 7. - Wag 2 ooo artic . Complaint. .. Seuthern Railway Company. The plaintiff abeve named. cemplaine get: Geferndant alleges and says; 1, 7 That the Gefendant is a cerperatien duly erganized under the Ladwe ef the State ef Virginia ,amd on and prior te the time héreinafter named was and still is ,in possession of centrelling and eperating a.certain line ef railway in the State ef Nerth Carelina known as the Western Nerth Carelina. Railroad ,extending from the City ef Salisbury,through the counties. of Iredell and Catawba ,te ‘the City ef Asheville in said State,together with the txkek , Cars, lecemetives and ether appertenances theretée belenging. 2s That the defendant,fer the purpese ef keeping up the read bed and track,caused said railread te be laid eff in. sections,placing in charge of said sections a superintendent ,Called a section bess,and under his erders and tus contrel the laberers on said read bed and track ,called section hands. That at times three or more sets ef section hands were ceom- bined forming ene force and under the orders of a section béss required te ge upon defendants work trains ever said railread leading and unleading the oars ef said train under the directien and erders ef smid section bese, That the section bess had ax autherity te empley and discharge sectien hands under them . 5. That at the time hereinafter named ,plaintiff was employed by the defendant as a sectien hand on sectien Ne. 6-4, 5 git oe ef said railtead which sectien lies west ef Statesville in the — : seunty ef Iredell and enbraces Plotts Statien ‘on said reads : en _ eg ‘ . va oe “What ‘en. Pe ‘about’ Beptenear: BOth 1899, plaintirs was, ‘together #ith: a, ether section. hands “in charge of one J.# Murdock a “seotion bess ef the defendant en said railread,erderea to ge eon defendants werk train cemposed ef an engin and a number of flat -pars, then standing at Plotts station,and were carried ‘on said. _ train west ever said road te a peint in the ceunty ef Catawba ¥ beyena. the City ef Hickery N.C. where said train was steped and said Murdock, section bess in ¢@harge ef said hands as aforesaid, ‘ordered plaintiff together with the ether seven hands abeve mentioned t® gather up and lead on the cars of said train certain iren or steel rails about 30 feet leng and weighing abeut 700 peunds each ,then lying on the right-ef-way of defendant about 20 feet from the car upen which they were erdered te be leaded. That. said car was steped in the meuth ef a cut ,said cut being abeut 18 ieaaé Geep at the peint where said rails were to be placed on said car 4, That it was the duty ef the defendant te empley and have present sufficient and competent servants te assist plaintiff in earrying and leading said rails. That the fleer ef the oar ,on- which said rails were required te be leaded,was higher than the heads ef the men erdered te de the work. That complaint was made te said Murdeck,that the werk was teo heavy fer the men and that mere hands were needed ;that hands were net secured,but that plaintiff and ether seven men were erdered te lead said rails. That ene eof said rails was with great difficulty. placed on said car and the secend rail had been carried dewn inte the out te said car,when plaintiff asked te be allewed te place ene end ef said rail en the car and then slide it up inte its place thereen. ~That eaid Murdock refused to allew said rail te be se leaded and. with vile lanquage ordered said hands te lead it as they did the _@ther,that he was in a hurry and wanted te get away. That in at- tempting te obey said order and while trying te heist said rail - te a point from which it ceuld be threwen en said car and in se °* hoisting and threwing said rail on said car, plaintiff vas, without “gat any fault er negligence or carelessness on his part,but by the ee e a ae : us wae - - . £ Ry et te. ~ - . “Sand negligent’ omission and failure: ef the defendant to employ ana. have ‘present sufficient and competent servants to assist. “pleintiff in leading said rails,sevearly injured ane ruptured - id is and was permantiy injured by the aatandants: ceretens and: “neeligent failure te empiey and have present. sufficient and ‘gempetent ‘servants te de the required work in leading said ratte et res “Sgn aasa: car and Sanned: te. suffer great vedily pain and wee | otto mite ‘damage Wwe: “fhewsaria ‘Dellars. A§2000300--¥ Wherefore plaintiff demands: ‘Judgment against: the defendant ~ for the sum ef $2000.00 and the costs ef this notion te ve taxed by the Clerk and for such other and further relief as.. may be just and. proper. GY ; : CEMA MPO] Attorneys fer the ee oe B.E.Troutman ,plaintiff ‘abeve named ,after being duly swern ap deposes and says; That the allegations ef fact contained in the Teregeins cenpsaint are true of his ewn Knewledge ,@xcept” these things therein stated en infermation and belief and as te these he velivves them te be true. = J are. Swern te and subscribed befere me ZL PZ atatacx iwi this’ Dec. Z2ist 1901. Qo he be 4 . North Carolina » i - | In the Superior Court | Iredell ‘cownty ah “Novontber ‘Torm 1901 we ‘ aoe ay mee aaa. Stoutmon, plaintiff. | eee Oe Southern Railway Company, defendant. P ” Rg LR mee 8 es - ed Pres =~ ~ : wee ee i The defendant, Southern Railway Company/ andworing the Complaint a Bays; | | 3 That the allegations contained in. the first paragraph of the Complaint are true so far as Alleged and in wadition there to, the defendant is-& corporation organized ane cré@atod by and under the laws of the State. of Virginia. Tat the allegations contained in the -sedond paragraph © of the Complaint are not true and are denied, - Theat the allegations contained in the third paragraph of the, Complaint aro not true and are. denied. ; ¥ourth;---- That the allegations contained in the fourth paragreph ~ of the Complaint arc not true, and are. deniedy Yor a further dofence to plaintiff's action, defendam says Wirnt;+-- T“at = the time of loading the rail upon the “ear, the plaintifr knew that the length of the rail wan thirty fect; that it weighed 690 poundas that he saw what was to be doe; th@ e rail-of similar longth and woight hea peor placed upon the car + without injury to himself or any 9ther 5 ahaa that eight men were engaged in loading this raii, more than wan necessary accor . ding” to its-we ight; that plaintiff wan_an olé ‘seotion hand and vas Temiliar with: the character of the work and the we of. the therefore pasious: “contributed vo nis: injury by hie 3 | wae » dua —— al : Ap Ang. tapas atte ee 4 . x ¥ Se0ond; mse That if the plaintiff was injured in Lewaine the rail : the sane | Was _Guuned by Some improper. and carelesn attempt upon his vart, not necessary for the verformance 6f the work, a8 above - Bet Olt. | ¥ ead a ew ine fialy answered, defendant aaks’ that it reodver its rindhemaies oe Gdine ~ sqoste: in ite vehabf ex}: ended and go hence awithout.. days (vaso Cees gk. cS (nb Dscbe Attys for defendant. D.M.Soiner being duly sworn says, that he is the Local Avent of the defendant, at Statesville, N.°.; that he has réad the fore- going Anawer; that the same is true as of his own knowledge, €x- Cot those matters and things. therein stated upon infférriation and béeleif, and as to these’, he beleives if, to he trnhée., : | j Sworn to and Miwwhasrthedc beforé ma trian tyne 28th day oF Decerher—- 1901. Civil Subpoena—For sale at The Mascot Job Office, Statesville, N.C. — aomenmeathenee STATE OFJNORTH CAROLINA. To the Sheriff of Court House in.... after the the truth to say in behalf of in a certain coher said Court depending, and then and there to be tried, wherein x Plaintiff Civil Subpoena. wD Civil Subpoena—For sale at The Mascot Job Office, Statesville, N.C. STATE OF NORTH CA‘ROLINA. To the Sheriff af | e ——County—Greeting : Y personally to‘appgar to be held for our said County at the Court House in . ; MAA on the..4/. . A. Mondey af i next, then axd there to testify and the truth to say in behalf of ina OL. controversy before said Court depending, / > Plaintiff And this you shallin no wise omit, under the penalty prescribed by law. A Fart Clerk Superior Court of Iredell County. Served by reading the withjnt a Dg ire ye C3 : eS : Beebe er ee eee gerre gs tees yee ee 7 eer COO ee tee eee eee re we BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N. C. Original Summons. or Ap from Justi es Order for enlarging time of pleading. ............06 scccsseesecseeserneesenee BUTAICR BONE CODON sia ccsinidcssclervene bpaian:osshoasendon Causa coadapunens innu Atthchment, MONON YR cise csc ikepicaseh san biauaautarsbuniaissamncsbeuiakeltiemidtaedle Injunction Order, including Bond and Justification.................. Order DE UN QO Bice i ssasenesss eseasucdneonsanintiioenpebbiioenitebbbes tanwosaeunn! 6505 STORIE, GRAN: AIG 555i caedii.cses cde terndenacconeccd waledesieos thane Weekes ¢ Notifying Solicitor of Removal of Guardian..........:..... asieGietcsd apse SAPARD. -sn.ci nisccnetede sept secpaied “aabpsooebs Psensssscesconancnesee’: gaeetaneser Caveat to a Will, entering and docketing............4.. .csccs cece coees Issuing Commission fidavit, including Jurat and Certificate .. ..... PO sedi siccencdtnsotdade: ccbedg poresendbieboucolbaviek <aaihabipinbectemionsiaas tauelcadold Motion, Entry and Record Of venom ode bijccabesonshtnhs wel NIU icin Lisncidaswon: addnieeniccentscdoesiscackuabibuns nibuabbiscs wibee ter aaltias Notice, for each name over one in same papet...............<.0000-s000 EEMDDRGEIN SET sccicenscste es :conecssebtntabnanie Judgment Against Justification of Sureties, except as otherwise proyi Judgment final in term time Judgment final before Clerk...............csc-- ‘ Judgment in favor of Widow's Year's Support SOON DRTNG., ik. spovunsctbbintulidpniccnabhiibions \ntebinndeinosigetiadiennsieetaeda Docketing ex parte Proceedings ... ...0. ....:0..0000 versssceeceresseceseens Judgment........... 0.0 kdbhiopacadnosdbenthiinkeditsibidetdenibiendeniits Ronee cccses cevenavcesceciiperest ¢. apton. deanieestennialihan ides Indexing Judgment Filing Papers............ Postage, actual | Be Wine ok Tea, ai cisiciss <ckees'clinesstdbiecchaits socsebeabedan’s csi i | Execution aap Sheriff's Return i] Appeal to Supreme Court, including Certificate and Seal... || Transcript to Supreme Court, copy sheets, each | County Tax, when Jury impaneled 47 P seomng LLG ] Referee's || Sheriff | i Constable Magistrate .. | || Plaintiffs Witnesses | | i SS Se RIGID, cscsecvcccesissesetiindesatelesndsd sdétebbotiniiian ween eee s]] eres eeees Aeewe erence aveceewee O81 “wesel jsusod py (9p0D 2g} 44 paxy SH) paty—Sjso) JO 11t_ “LINIOd MAID csceecnceeneeen gay Railroad Records 1903 SUMMONS FOR eee -~Printed and for Sale at The Mascot eae Office, aceon nd County. = the aaraelie Court. Summons For Relief. State of orth Carolina. Go the Sherif? of You are hereby Commanded (0) Summon the Defendant above named, if be found within your County, to be and appear be- fore the Judge of our Supervor Court, at a Court tobe held for the County of Jirccltte at the C House in ha leiatle on the jar Monday after the Lk Mondgy of Uiffd See the same being the J day of M lfigypnd an- swer the complaint, a @gpy of which will be deposite od in the office of the Clerk of the Superior Court for suid County, withyn the first three days of said Term, and let said Defendant take notice that if ols fail to anawer to the said complaint within that time, the plainteff will apply to the Court for the relief dema nded in the com plaint. Hereof fail not, and of this summons make due return. ‘ oe ~ Given under my hand and seal of said Court, this day of ‘ ( fied a _ - a e We acknowledge ourselves bound unto. . the defendant in this action, in the sum of . . . +, Dollars, to be avoid, however, if the plaintiff. Py sh pay the defgndant . . « all such cost as the defendant. . . may recoveb of the 4 plaintiff. . . in this action. SE LE Lleh ez Witness our hands and seals, this . ee day of ¢ GA? — AP. &:. See i i SO i, as : } AiG Way ay s “ii st. , . . (BBAI.) 7 (SEAL,.) ia ene ete 6 ae’ : being sworn says he ix worth the st of two hundred foliars over and above his debts, tiaty'- lities and property exempt from execntions.* Sworn to and subscribed before me this day of . F, . é Term Ye County Alterne, , 4 SUMMONS FOR RELIEF Plaintiff AGAINST . eset’ = aX Returnable w of the Superior Court of Civil Subpeena,—ror SALE BY THE MASCOT JOB OFFICK, STATESVILLE, N. C. STATE * NORTH: CAROLINA, Go the Sheriff at ne er ag GFA MANDED TO SUM} 4 , next, then anid there to testifyfand a to Z behalf of . ina SBE % urt depending, and then,and there to pe tried fw aes uhder CO penalty prescribed Z 1 _ : ,,Clerk of our said Court, at office in 4 api v Sh 4h Clerk Superior Court for Kez a, £ County tablet” *C- eusDdgng IAL) -< —— Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF WORTH CAROLINA. To the Sheriff of ____ C— _County—Greeting : personally to appear befoye the Judge of Superior Court,,at the next Court to be held for our said County at the Court House in...... GA Piha atthe. after the.. Clerk Sicbertor Court of Iredell County. Plaintiff ? Defendant Civil Subpgena. De Civil Subpeena—For sale at The Mascot Job Office, Statesville, N.C. STATE QF NORTH CAROLINA. To the Sherilf of OtUVAT ah —County—Greeting: — = at the LO Monday next, then and there to testify and Plaintiff and wHecee eter i ‘ no wise a _ Civil Subpeena—For sale at The Mascot Job Office, St#fesvilte;/N_£. —— aoe idge of Superior Court, at the yext Court to be held for yr se County at the Plaintiff ped es Xe -2 et 2 EX. re eee Defendant $) yo i se omit, under the penalty\prescribed by law. Clerk of our said Court, a} office in Clerk Superior Court of Iredell County. CBs ta Afue CAk Defendant Civil Subprena. ? i Si 190... XY } Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. ext Court to be held for our said ern at the the truth to say in behalf of ina Ie before said Court dependingssand then and there to be tried, wherein a OS Plaintiff Against Defendant Civil Subpena. Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of __County—Greeting : ruth to say in tai itroversy bef. Clerk Superior Court of Iredell County. orto, Civil Subpcena. Fg ei is te Seite the + AN ie a “ e’ North Carolina, In the Superior Court. { Iredell County. { November Term 1900. C. B. Bumgardner, ; vs { COMPLAINT. { Southern Railway Company. | The plaintiff complains of the defendant and alleres: p E; Pirst:- That the defendant is a corporation duly organized under the laws of the St:te of Virginia, and at the times hereinafter mentioned and until the present time had and exercised exclusive control, management and use for its own purposes, a certain line of railway extending from Asheville, N, C., via Paint Rock, Rankins, Morristown and Knoxville, Tenn., and operated, used and controlled for its own benefit and profit the track, cars, locomotives and other appurtenances thereto belonging of the said line of railroad, and Was engaged as a common carrier of freight and passengers for hire in, over and upon the said road between the places mentioned. Second:- That the said Southern Railway Company since its creation ‘ and bianiention under the laws of the State of Virginia has become & domestic corporation’ in the State of North Carolina, havine complied with the provisions of an Act of the General Assembly in the State of North Carolina providing for the domestication of certain foreign corporations entitled, "An Act to provide a manner in which foreign corporations may become domestic corporations," being Chapter 62 on Pages 197 and 8 of the Public Laws of North Carolina passed at session of 1899, And the defendant has continuously for more than 5 years prior to becoming a domestic corporation done business in North Carolina as a common carrier, and since its domestication as aforesaid has continuously been engaged in the said husiness. ’ Phird: - That on the 4th of October 18°99 the plaintiff who was then as he is now, a resident of the State of North Carolina, was an employee of the said Southern Railway Company, acting in the capacity of rear brakeman and flagman on train No. 2nd 73; that the said train consisting of ‘50 cars and the caboose, 24 of the cars loaded and 26 being empty and being drawn by two engines, one in front and the other between the 6th and 7th cars from the front, was moving Westward on the railway track of the defendant aforesaid, havin, started from Asheville about the hour of 9 o'clock on the morning of the said day; that [the conductor on the said train left his place where he is required of the Company to be, to wit., the rear car or caboose, and was riding on one of the engfnes pulling the said train; that the plaintiff as rear brakéman and flagman as aforesaid was in his proper place and at his post of duty in an empty gondola car, which was the Srd from the caboose, and while the said train was in motion and no one being in the caboose or in the cupola of the caboose to be on the lookout, the said train of cars at a point out of sight from where plainti?f was standing, to wit., about 20 cars from the rear, separated and ran for a considerable distance until the engines slowed up, when the rear cars rushed forward with great violence connecting the two severed 0 sections by this violent collision, and the terrific jar of the collision threw this plaintiff without warning from his post of duty and hurled him between the cars, so that the cars ran over his left d leg below the knee and horribly crushed and mangled it, requiring ™ amputation, and he has thus lost his leg,and the great toe and the one i next to it on his right foot were also cut off by the train running ~~. Over them, and his right arm was severely bruised and hurt and he was scarred on the chest and on the thigh and knee and otherwise seriousl; y hurt. -d z 3 Pourth:- That the injuries of the plaintiff were caused by the 3 negligence of the defendant in this, to wit: Por that the conductor v on the said train was not at his post of duty at the place where he v Was required to be by the rules of the Company, otherwise the accident might have bean averted; for that the front brakeman was on the car A, 4 % , %* ‘ owe * af 4 a , « oe ak pl ed (3) next to the second engine, whereas it was his duty to have been at a ‘point in rear of the said engine, some 6 or 7 cars, in order to give signals to the engineer; for that the conductor failed to place his trainmen at their proper places on the said train and place them and keep them in positions where they could give signals in case of danger; for that the defendant failed to provide and furnish for the ‘said train a sufficient number of competent trainmen to operate such a long train with safety to the employees; for that the dérerntant and its agents violated this order of the Company, “Asheville, N. C., May 6th 1899. Bulletin. All Frei;ht Conductors, Asheville and Morristown: (1 notice you are not properly distributing your men on double head trains, especially is this so at night, I frequently find flagman on caboose or next car to it and front brakeman only two or three cars from encine.) Your men must be distributed so signals can be seen and rsiven. Please watch this in future. D. W. Newe!1, Train Master"; for that the following special order Was violated on said occasion: "Asheville, “. C. Aug. 4th 1899. Bulletin. All Conductors and Engineers: In future the brakemen On freiyht trains must remain in their proper positions on the trains"; for that the defendant failed to furnish safe appliances and cars wherewith to operate the said trains. Pifth:- That by reason of the neglirence of the defendant as aforeaaid the plaintiff lost his leg and his limbs and received the serious bruises and hurts as aforeaaid; that he has been caused to endure a long, tedious and serious sickness which impaired his health; that his injuries are permanent and irreparable; that he has been disfigured and caused to endure not only intense physical, but continued mental distress and anxiety in an effort to try to cure himself and provide for his future livlihood; that at the time of his injury he was of age of 24 years and had been in the railroad service a year and twelve days as brakeman and flagman and in other capacities for about Twenty-three months and his health at that time was very good and had always been very good and he was looking forward to promotion in his profession; that at the time of the injury his salary was $45.00 per month; that for the reasons herein stated his damages are not less than $20,000, (4) | but for the purposes of this action he lays his dimages $2,000 dollars. Wherefore he demands judgment of the defendant in the sim of $2,000 ‘dollars and the costs of this action and such other and further relief as in law he may be entitled to. C. B. Bumgardner after being sworn says that-the-facts stated in the foregoing Complaint are true to his own knowledge, except as to those matters stated «pon information and belief, and as to these he believes it to be true. Se ee —— ee Sworn to and subscribed before me this the 13th day of October 1900, ——— ee oe “ 7 P 6 ‘4s C7 2 a 5 3 S 4 7 A9 if hp -) mA t -) 2 3 + r SN SG 7, ae & Y “/ A ‘ a North Carolina, In the Superior Court, Ireée1l County. November Term, 1900, C.B. Bumgardner, | vs ANSWER, Southern Railway Company. ) The defendant answering the complaint in this cause says; That the allegations contained in the first paragraph of the canplaint are trues That the allegations contained in the second paragraph are not true@e That the allegations contained in the third paragraph are not true ani they are denied. That the allegations contained in the faurth paragraph are not true ami they are denied. That the allegations contained in the fifth paragraph are not true and they are denied. And for a further answer ani defence to said action, Defen- dant says that pimintiff's injury was caused by his own negligence and carelessness in not looking out for jolts and jars incident to the ruming of freight trains and pro- viding against the same. That the plaintiff contributed to his injury by not look- ing out for the jolts and jars usually incident to the run- ning of freight trains and providing against the same. Wherefore having fully answered, defendant demands that it go without day and recover ite costes pueden. Acer. ep: 8 Attorneys for Defendant. North carolina, Wake County. ) A.B. Andrews being duly sworn, says, that he is an officer of the defendant, Southern Railway Company, to-wit; the first Vice President thereof; that he has read.the foregoing an- swer and knows the contents thereof , and that the same is true to his own knowledge, except as to matte s therein stated on ine formation and belief and as to those matters he beliexes it to be Fe truee . 5 me .S Sworn to and subseribed before me this the / day of Nov. ,1900, ) I AAG, ~ G NCC a OF oe Oe & an Re — Ge On 68 yee b> OF Os OF On em CER ED AF ak oi Jarit eytsqrod yar tah mreddso” = I o o ? id E Oo Ga ve) fa} c mo. payne ,ctinowe ‘fh anled ewe ‘ ’ a! dans + ‘+ afr yA DSeat. aad al a Titec) eo we ANSWER, bei 12%f Cen oir eitabmeteb et to qaniiotan sro rtruof eta¥ eH.A . oe & MOUDL 2.44 _ pohenccatasletst wasnttet oars rwordt prs Towa ’ ro cex we Wort swWO tindv-ot B rotdamatot eviris ‘yoedra ‘3b North Carolina | In the Superior Court. Iredell County | Cc. B. Bumgardner i vs. { Notice. southern Railway Company | To the defendant above named and its attorneys: ~ You are hereby notified to produce on the trial of the above entitled action the reports made in regard to the injury of the plaintiff which occurred about October 4th 1899, and particularly referred to in the complaint, and as reported to the company respecting the éaid injurtes and the movements of the train No. 2nd 73, that is to say: the report made in regard thereto by the plaintiff; the report made in regard thereto by the conductor of the said train, Joseph P. Carper, and any other report made by any of the employees or train men who were upon the said train at the time aforesaid. And in default of production of the same, plaintiff will offer paxakexexit@ueneexexxkexeenkunx secondary evidence as to the contents of same or copies thereof. You are also required to produce at the said trial all orders of the defendant to the Conductor and enginemen, including running orders , meeting orders, schedule of train and all other directions given respecting the movements of the said train on said day, otherwise plain- This July 7th 19 02. ( Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of ies County—Greeting : You are hereby Commanded to Bien Gee / personally to appear beforg the Judge of Superior Court, at the next Court to be held for our said County at. the Plaintiff Defendant WITNES Clerk Superior Court of Iredell County. wi Plaintiff Defendant Cis], Subpeena, Term, 190 Ze ae jo 2 Pras dht flo EY, Lapin, 4, she ep Sg H+. re che otfers selina ae athe, +L art the Gsefahec £2 Grkwey : me Ak a4 Out fe [lain Eff, ton bribcts Chas. B. Lumgardner 4 vs 4 Iugues ten ered by plaintiff. southern Railway Company t is Did the rear part of the train become seperated fron the forward part as alieged in the complsixct? as in Answeri- ce if so, was He p the collision of the rear par Answer:- You’ Oe Was the pla#mtiff injured by the negligence of the defendant thrown from the car and injured of the train with the front part? ct alleged in the camplaint? Answer:- Yer 4. Did thé piffats contribute to his own injury, as alleged the answer? Answert= Gld. S. at the plaintiff entitied to re eT " Answer 3 OD 0 0~Leo OA tt-Latick. Athatg \ } ; MOT Saget 8 eal Nerth Carolinal In the Superior Court. Ireueli Couuty | August Term 1902. C. B. Bumgardner i vs. I Judgment . Southern Railway Company | This cause coming on to be heard at this term of the Court before his*Honor, Neal, Judge and a jury, and being heard; and the jury having answered all the issues submitted to them in favor of the plaintiff, as -shown in the record in this cause, and having assessed the plaintiff's damages at the sum of Two Thousand ($2,000) Dollars:- It is therefore considered and adjudged by the Court that the plaintiff, Cc. B. Bumgardner, recover of the defendant, Southern Railway Company, the sum of Two Thousand ($2,000) Dollars. It is further considered and adjudged by the Court that the plaintiff recover of the defendnant the costs in this action to be taxed _ Wlbr HJcah Judge Presiding. by the Clerk of this Court. , Ro Cc. B. Bunigardner vs. Southern Railway Company Judgment. hehe i -_ f a * o- 2c, ‘ ‘5 ew any | ,a } pe oieew.) iii a a ~~ Ae Bixs Rw8 OT . wr \ ward | 7 ‘ | ‘5 >) a | : y ° al “wat *® \or ar | , f < * : ot to +. ; : ; . >» 2? “ ‘ >> 2 North parolina, In the superior Court, Iredell County. Chas. B. Bumgardner, va Notice. ee Oe eee OO ee et ee Southern allway Company. To the defendant and its counsel, L. C. Caldwell, 78q.:- You are hereby notified to produce in the Superior Court of Ire- dell county at the August term, 1903, before His Honor, W. R. Allen, Judge Presiding, at the trial of the above entitled cause, or at the first term thereafter at which said cause is reached for trial, a paper-writ- ing containing a statement made to the defendant or its agent by P. D. Spurgeon, now deceased, concerning the separation and collision of the freight train upon which the plaintiff, Chas. B. Bumgardner, wasg,at the time of his injury at or near Rankings, Tennessee, as alleged in the com- plaint in this action, and concerning the injuries and the cause thereof received by Mr. Bumgardner. You will further take notice that upon failure to produce the gaia paper-writing and allow the inspection of the same by the Court and the plaintiff for the purpose of introducing the same in evidence upon the trial of this action, the plaintiff Ww as to its contents, eo. This july 21st, 190%. l offer secondary evidence Asien. J fr. ‘ ( : L Attorneys fer Plaintiff. . Civil Subpoena—For sale at The Mascot Job Offiée, Statesville, N. C. STATE Of NORTH CAROLINA. To the Sheriff of __-County—Greeting : You. are hereby Commanded to Summon —_— — cienlingity 3 to appea ffore the Judge of, Superior Conrt, Conirt: Blouse 817..Wee tne y come ccncacccecccencde Bees cfiives pels Co. tbiveeweliciesins collie aa 3 the truth to say in behalf of in a certain controv 7b ae said C7 Plaintiff ig you “. in go wise omit, under the penalty prescribed by law. Y ap Plaintiff. Ait: ‘ Against sab Lh be Mey (AN Civil Subpena. » North Carolina # In the Superior Court. Iredell County # August Term 1903, Chas. B, Bumgardner # v8. i Judgment, Southern Railway Company # This cause coming on to be heard at this term of the Court before His Eduor, William R, Allen, Judge and a jury, and being heard upon the issues submitted, and the jury having responded to the first isbue, "Did the rear part of the train become separated from the forward part jas alleged in the complaint?® “Yes,” and to the aqcond issue, ” tp $0, was the plaintiff thrown from the car and injured by tho collision of the rear part of the train with the front part?” XxK "Yes", and to the third issue, "Was the plaintiff injured by the negligence of the defendant as alleged in the complaint?” "Yes", and to the fourth issue, "nid the plaintiff contribute to his own injury as alleged in the answer?” “to”, and to the fifth issue, "what damage is the plaintiff entitled to recover, if any?” "$2000.00 ‘Two Thousand Dollars,” It is therefore considered and adjudged by the Court that the plaintiff, Chas, B, Bumgardner, recover judgment against the de- fendant, the Southern Railway company , Aa the sum of Two Thousand ($2,000.00) Dollars; and the costs of this action to be taxed by the Clerk of this Court, fy C Meee udge Presiding, : : > ‘ 4 “ t » & . Chas .°B, Bumgardner: . vs. ; a > “Southern Railway Company tJ 3 ; ¢ aoa} : $ lap Lap tine ime dire is didi * RF pt pees ee fe opt sf Ee ee _ 4) 4 ws + C 1 : ut : t 3 oC . oO heer : b ; ; : ‘ « - , . 2 od . © : ; ; : . : Judgomont, 4 . ; ‘ * ’ P , z ? YS ° ; : : | 3 i : ‘ ' : : awe Se ee ee ee me a . NORTH CAROLINA, SUPREME COURT. ; SMF om oreiccscessusesse Gounty, we c Gounty:—upon consideration whereof, this Court is of opinion that there is.. hb error in the record and proceedings of said Superior Court. It is therefore considered and adjudged by the Court here, that the opinion of the Court,e=detivered—b» the-monorable. — wueties, be certified to the said Superior Court, to the intent that the A, ffiionch. oA And it is considered and adjudged further, that the Aa A. 47, the costs of the appeal in this Court inourred, / iP . to-wit, the sum of fi ~ LAGE. —memremein dollars ($ btb Fy and execution issue therefor. A True Gopy: hOTE - Glerk of the Supreme Court. NO Writte! Opin] filed Per Curiap Order, IN THE SUPERIOR COURT NO a) ay" Nae od PERCU IONE, TN GOR Ti ii. onicssinse scaschonvenendacacbisnpuanendiclanhtesesensote APO Ti sccoes seicne An Adtinjunetion Order, including Bond and Justification.................. SOG Hiei sce REOIO OE DITOR 5.5 ssenosnstoysacccideriscpaisrisenialeibeistaphedektibamdeebe’ ‘the FOO Hecmncesnseos Judgment Against S.) hs BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N. C. 2-1-'96-1m, Original Summons. or ames therein....... Continuance. ................ Transcript of Judgment Referee's BD nen ne Summone....... “er MORIA, CIEE CII iicsinssancdd piniiy toenstdvidccliinen pabeioubele: dapnd arias oR Tlacesas 2. Notifying Solicitor of Removal of Guardian...........s.s0-0ee00ese0s Caveat to a Will, entering and docketing............... ccccce-ceese-seeee Issuing Commission ............. C eeieabitabiaENe hokbead insta Soubleauehvovicn 75 Soon, including Jurat and Certificate .. 0... . ...cc.cccsee-csee sees Ne MN cis sinc Sheer dcocecdechtin a Gk takai whadsi bigs slusdel oa Th sob diativa | Nofice, for each name over one in same pape®.................0000c0000s RD Biihethechins ‘sande Jury...... cxtignoensotblgnbacuuiilitnann ‘ti cGneank al deisaiedee saeoddnnine 10 }). Justification of Sureties, except as otherwise provided............. SOO Cecinvobsiiteg o~ Judgment tual in term time Ast (Pe Judgment final age Ss Judgment in favor of Widow's Year’ “|| Docketing « : acer gf Sheritr's eb aiguicinisicistosentionpeenlinwiation be sali ppeakfo Supreme Court, including Certificate and Seal.... Vv o Tranecripyfeo Supreme Court, Gh 6 case 6 County Tax, when Jury impaneled....\...-]-4.-G-G/...... MGB sore 50 |}... seeneceeer LOO 8 acid. oeneereee seeeeeees oenee wee eteeeeees eeeeeeneeees thee sane! eeeee eeeee seeeeenee eeeeeeee (“apo aqi Aq paxy sp) ‘Juaay—-SJSOD JO 191t'7 “LINIOG TIAID ‘ON * § BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N.C. 2-1-’96-1m. Docket......... epanshsahees oe ee Original Summons. or o names therein.......... Order for enlarging time of pleading .............. .cos-ssseeccseosseereeoes Against RORMUTOOINGORE TIONG sci snaccsioa ok aciac scudencusa Ghosdvecaliceuhee osise Attachment, Order in............ SRL ‘nrnsgsensessenenssnagonsseosasvones soon ce sesene >“ Bue s a Ben TR i i Affidavit, including Jurat and Certificate .. ..... Sea! Ceeeewereeneceesesseeses eveces coceseesoeocecesess a, rf Motion, Entry and Reeord of. ~ OX OMireceeRenctde Judgment Against 0 219 os Notice, for each name over one in same paper...............cc000see00e POMPOM DUNT on cciescinjsccinnscodeehcotisisnle:b sdesiens eaedbibeieah baberdoioke Juafification of Sureties, except as otherwise provided............. a final in term time.......... . Sielint Watthogeelipiied habitat opleianicesd ONO TIBOE OR CITE Scent casetichcststenn: &: onainasdennaiomettion oekee Judgment in favor of Widow's Year's Support......... ... .. ..... EP ING aca sciccpencktosuncighsstivnikeces’ tolpieiigmalbsde alaiiltiesbadaik Transcript of Judgment................. cco. beriff's Return Appeadho S#preme Court, including Certificate and Seal.... | || County Tax, when Jury impaneled. Transcript to Supreme Court, 33,1°topy sheets, each... 25 60 -50 50 seenee © one oeeeereees eeeeseceee ¢ teeeeeereersl oes Stee eteeeneeleseseeees a] | eeeeereeeees lene eeeecs seenee seeeel orescence +] ]eeeees censor eveeeeres seeeecens Orr eeneeeneelecstonee arene soneerd aceseeees owe ren eee cele eeeeenes a] peceerereceeeberwereses Ie O27 jsuiva yy Pane by S Z _{ 7D 4 aq paxy sy) [taty-SJsoD £0 It_ ‘* ‘LINIOd TAIO . ON Judgment Against $ uN BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N. C. Original Summons. or names therein seeweee SOT OOS OE Bie ne eis Wins sksceocenave MOURNING crciciievsiniacdooee jactcrcdeoesdenns pbepbaaniabs d. includin mie: Appeal fro rer’ to u Order for enlarging time of pleading ree errr) RETACIORUCORS OVO occisdesesscsdicndes Kabdasscccdacsbne: nadetebabancis ik aniek Attachment, Order in HOw ee eRe e ee eee Ces ee eee nee eee eneeenes eeeneneeenseeeeene retees Injunction Order, including Bond and Justification TIN OE ETON B cs ncscnctndsiginrl sous abaie Moasarasiiede vpdbuhcceissepeseuaidan’: ovke LONG IIE DOB sscs orks wha kskeeel eshaccdeise Sakdha hile’ cance nadpes Notifying Solicitor of Removal of Guardian...................ce:.e00+ iD ARMED: Sci lskscsegesed dentseieptan “datas ennaedinabsbachonrensdateaselt wlokesiooes Caveat to a Will, entering and docketing............... ccccce-seeee shee! PURONGE T OUIIIININD 5 iain ji kane sotesdcncdcSccehusiladly eacsecs shbei’ Ssdnanddnarmiones Affidavit, including Jurat and Certificate .. ..... SOI asd sinsiiivdibcaineks deed viipss-cenupsbinbighcababibuden \spacabeseiibapttvindits Mualetaabes ‘ Motion, Entry and Record of.....f ZX. Peedi dope Milica ictbid chain PUGERD notnsshecbnisiath: sabsadinens sistiedunenctleienbyessan scilcabapten: Sees ental sauabs Notice, for each name over one in same papet...............+..-00s+s0++ 5 CERRO DOUG voces s<ncchphnensgecensnathacins'eetesabbe ium’ pibiersesee bweedenaan Justification of Sureties, except as otherwise provided............. Juggment final Merits Judgment in favor of Widow’s Year's Support......... ... +--+ eID ice: inccberndtnuihasbpiapttainitericis 9 dipdikeahebensebiinn dattesalibudedaaeb Docketing ex parde Proceedings .... 22... ..cccccccocs secccscersescscosescees " PD lodinnsein. intiosensblliiniseninhdcsisil teenie sikdae atthe end ldates OG cccnnvessrce jncegscsstioptinpeadinn « 6000s cnnhedeepnbpehening idee i SUE tres coethinsatetbiccenanenatitnirdiabodstdiivananitbaiamestsesinete’ Ry Riis sictnenraitt vetathateticnecmrnpteneciinduiiins.* pttbiaeheaeanienaiuits PIE IUD Aceldicidinbccthin ensestecpecmresediidiey Sndatilgedsbausinen Suniel dheie EONS ES PO cistctttdcotints anctentniuncsstnstttohes-pthdaiansien ies | Bereowbiam-ead Sheriff's Return.............ccc.ccccccseeseeeece eevee socenvee Appeal to Supreme Court, including Certificate and Seal..... .... | Transcript to Supreme Court, ..... copy sheets, each... .......... || County Tax, when Jury impaneled “ope Referee’s Allo Sheriff tela oa orcnee PTAs. ascteetbeat ccdes Constable Magistrate ... | Plaintiff's Witnesses SINT TERMINED, ccsinersiniccndecndebscedbictnntiite uihticeabesseiiiistiibetianes 2-1-'96-1m. 9628 60 loose - A MOB [22] sO Thicsteavace 25.1 SOT tek each ee Meck AOR a] feeseesceeees aeeee wenees weeee seeeee -75 -25 -25 25 -25 10 10 -50 .00 50 50 -25 50 -25 -25 10 oneee eeeeee +] | eseses en eees, eeeee omens’ Poteet eerere beer ee seaeeeene errrrrrrry seeeneee wenteeees ol enw ereceweefens eeeee Clerk, . ee te we ee + oe oe (“apo aq} 4Q paxy sp) [20a19—-SJ80D JO 11+ “LANIOd MAIO “ON SUMMONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-’011M “County.-~$n the Superior Court. SUMMONS FOR RELIEF. h Carolina, To the Sheriff of... 472". ae Wou are Hereby Commanded to Summon Ssadidhodie the Defendant above named, if . KK pepe on and appear before the J; Court, at a Court b be held for the County of at the Comtrt Hoyse in 4 ae. <* on the... © 4... Monday the A. Monday of soa the same being the oe... day of <i co! Seed. and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior CourUfor said County, within the first three days of said Term, and let said Defendant... take notice if . aX fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. P is Gia air wey heed cad toed of tall Curt, thie _ 2D day of YrMn = y Clerk of Superior Court 7 ’“4a7-—“~-4_-A In the Superior Court. “et ..* STATE OF NORTH CAROLINA, Scebct Aiea sign HN aca Ja COUNTY. AGAINST ty ., BOND. . <4 We acknowledge ourselves bound unto 2.0228 a. Bohevae wiatietib easy et Calg ke aaa the Defendant in this action, in the sum of =! 0s Sethe aes peta clccteioaes Dollars, to be void; however, if the Peete is a ie 3 ees cssesuteesses--» Sha pay the Defendant all such cost as the Defend- ant....... may recover of the Plaintiff.......... in this action. Witness our hands and seals, this 2.222: MOY Off 22.004 dececcovledoovtavcclawvobabgeogeelocnsngeees A. BD. 190. bana ce ebecaies i ( 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. Sworn to and subscribed before me this day of 190 screeenreeseate ementineaniecmaiaiaiateaseaiedinLae y rH i a™ x : R Po 8 3 g a 5 —— i c is N é ox 5 % oO Rs le 3 2 Pe x SS o i N _ et < CoQ ° ton ’ VU ; a i Bl | C.. e S = 22% .| PSS é v ~ ee ¥ : i. ae oe ee y © 4 loQ2 ans Sila & x North Carolina, Iredell County. Neal Burke vs. Avvlication to sue as a Pauper. The Southern Railway Company. To Clerk superior court [redell This is to certifv 2. above-entitled action July, 8901. MA Ucalx four OPM LL£ VK UIE C¥ Vh V | North Carolina ! Iredell County | Neal Burke i vs. i Order granting leave to sue as a pauper. Southern Railway Company | In e above entitled action, upon the certificate and affidavit above set forth, it is ordered: Le That the above named Neal Burke be allowed to prosecute his said suit as &.pauper. 2. That no officer shall require of him any fee, and shall re- Mt hey co ver ne costs except in case of recovery. This 23 day of July 1901, ' eatiata® Agx0 } vtoue® fede! : ve Ae | ater? MOG sg & Gh Oa “7 avasel pif? ia if? i ev ' oF> Fat 4 ‘ve 61°%s bus wees cbt ote seep gio ts os: He. T ios >) ‘mas ait etaoreotd of bewolisa oe ; -os (fade 6/6 ,oet we in **. = i & } ™. | : es p > &9 fr ve t po \ North Carolina, In the Superior Court. Iredell County. Neal Burke, ve COMPLAINT. Southern Railway Company. é The plaintiff complaining, alleges: Pirst.- That at the times hereirafter mentioned and at the present time the defendant, the Southern Railway Company was, and is a corporation created under the laws of the State of Virginia, conducting the business of a common carrier of freight and passengers for hire in the State of North Carolina and operated and had control of for the purposes aforesaid a certain Railroad known as the Statesville & Western Railroad Company between Statesville and Taylorsville, N. C., together with the tracks, cars, easements and appurtenances thereunto belonging, Second.- That at the times herein mentioned the plaintiff was a section hand in the employment of the defendant, and his foreman was one Berryhill who employed him as a section hand, and the plaintiff was working under the said Berryhill and was subject to his orders, the said Berryhill having the right to employ al) of his hands, to direct and control them and to discharge them at discretion. Third. - That on the 17th of June 1901 whilst the plaintiff was so in the employment of the defendant and whilst he was performing labor under the orders ef his foreman and without any fault on the part of the plaintiff, the defendant allowed and permitted its servants and employees to perform the work then and there assigned them so negligently and carelessly as to crush and mash the right foot of the plaintiff, whereby he received permanent injury. Pra Pourth.- That the negligence of the defendant causing the said injury, ‘mosY{specifically »stated consisted in this, viz., that whilst loading crossties on a freight car near Hiddenite on the line of the defendant's road on the 17th day of June 1901 plaintiff's foreman stationed plaintiff to do certcin work in regard to the loadin; and placing of the said ties; that whilst plaintiff was thus obeying the order of his foreman the other employees of the defendant then and there present and under the direction of the said foreman threw a crosstie upon oy right foot of the plainti’f from his rear without notice and after nena warned the other hands at work to be careful; that the said foreman was near>y at the time and had civen orders to the other employees to hasten the putting on of the ties; that i? his *oreman and the other employees had observed reasonable care they could have avoided throwing the tie upon the plainti*f from his rear, but this they failed to do; that the train which was being used on this particular oceasion had been put under the control of the said Berryhill, the plaintiff's immediate foreman, and also under the control of one Holtshouser who was also a section foreman, and the two section foremen with their hands respectively under them were engaged in the work of loading ties at the time of the said injury and beth of the said foramen were then and there present and were overlooking the work of loading the ties at the said time and supervising the work of their employees, and if proper precaution ha@i been taken by either one of the said foremen and they had permitted their hands respectively under them to have used ordinary care the injury to the pheintirf might have been avoided. That the said trein was an extra train used for the purpose of hauling ties for the said day, and the two said section foremen had eontrol of the same, and it had no conductor other than the two said foremen who had charge of all the hands connected with the said train and control of them and were in all respects the vice-principals of the Company. Pifth.- That at the time of his injury the plaintiff was of the age of 44 years; he was an experienced hand and hat been in the employment of the railroad from time to time for about 90 years; that he was then receiving for his services the sum of $18.20 per month; that up te that time the plaintiff had been a vigorous, stout and healthy man and able to perform hard labor; that the bones of the right feot of plaintifr -3- were broken, his foot crushed, and he is made @ permanent cripple on account thereof; he has never been able to walk on it from the time @f the injury and now has to move about on crutches; he has lost flesh since the injury and his general health has been impaired; that he has suffered and continues to suffer great bodily pain and besides the ‘anguish of mind on account of his broken limb and of his being rendered unfit and unable to perform those labors necessary to obtain a livli- hood, whereby he has been endamaged in «he sum of $2,000 dollars. Wherefore he demands judgment of the defendant in the sum of $2,000 dollars and the costs of this action and for such other and further relief as in law he may be entitled te. ee ee -—-<<-<-<-<< os “- -—*-—- oe - 7. —-—- “-—- oo 7- AttyAé for the Plaintiff. Neal Burke being sWorn says that the foregoing complaint is true of his own knowle’ge, except as to those matters therein stated on informat tan and belief, and as to those he believes it to be true. Po Uitte] ¢ Sworn to and subscribed before me this the 9th day of September 1901 ns : ~&« ie efeqite teenserreqg @ ehem 0 of bow ,beriee ts fort Bit _tedo wm ee ‘emi? 69 @es* ¢2 an Siew of ef¢4 aeod seven cart Of {Teer er? fonocoe feel? feat ear Of peetohirte ao tends @ om of eat woo bee Geet! end 18 eat ef ted? ;Oerxkaqet deed gad ctiner taveres air bap Yet at ect eort: ei? eebived than wiag vilhet teats a" Ten &f eaeeitmas bee bene ere bers hit efet aia %6 trea mii pa mf ‘ean a 1? "2 “rte swelled 000,88 5 owe » b beaeahns eee gat Oct Seeds, be 79 yA OA? BE fr bo rs ? ee) ae x Aton ed® om “Wetee Aone “Wo? Haw 91° ' *@ 8268s ‘ bee ete i fod 000 , s8 ee vy f : : a" - ¥ 27 ig . it ; & ri A .T* tata lt? eat 107 ‘os ——_ ee ee —_—-_ - >_> & & & & ++. +» & = ee - _— gq 4 [fi «ade PquR Yo ws 699 off eine ir Of mot + North Carolina In the Superior Court fredell County August Term 1901 Neal Burke, ae Railway Company. | The defendant answers the Complaint and says; H " Seas paragraph first of the Complaint is true. | prsnNlti= PR the defendant has not sufficient information to form a beleif as to the truth of the allegations contained i! in the second paragraph of the Complaint and denies the same, i Third.-- The allegations contained in the third paragraph of i ithe Complaint are denied. Pourth.--- That all the allegations contained in the fourth ‘paragraph of the Complaint are denied. rifth.-- That the allegations contained in the fifth paragraph lof the Complaint are not true and are denied, i | And for a further @efence to this action, the defendant ] [says ; lparst.-- That the plaintiff contributed to whatever injury Ine may have received by his own want of care and his negli-~ leence while in the performance of his work, in that he failed Ito watch and look out gan dine that might arise from the loading of the ties upon the cars; that it was his own negli- gencethat caused the injuty in that he should have faced the hands engaged in handling the tees, when in fact he hed his - 3 . Nrilp back to them and failed to look out as hie should have done. Second.-- THat plaintiff contributed to his own injury by his negligence in having his foot over the edge of the flat car while the hands were throwing the ties from the bank to | be loaded upon the car. That if he had exercised his common "| prudence and reasonable care he could have seen the ties as | they were thrown and thus have avoided the injury complained of. That plaintiff was the cause of his own injury and con tributed to the same. Defendant having fully answered asks that it rectéver its costs in its behalf expended and co hence without day. ( Peer ok C CalAn er Counsel for nefendant. D.M.Coiner being d& ly sworn says; that he-is an officer of tHe defendant, The Southern pailway Company, to wit, its Local Agent at Statesville, N.°. that he has read the foregoing Answer, that the sme is true as of his own knowledge,except as to those matters and things therein stated upon informatidn and beleif, and to those he beleives it to be true, Sworn to and subscribed before me this the 16th day of Sept YE Cit fa y ah WAe ede ; 4 ee The, .¥ dl , oe «Sb ap ale oo county ; “~~ the Court House in a * Z Z on the SILER LAS dey oa ° \ ‘ next, then and there to testify and t#@ truth to sayAn behalf of eee nee in acertain co ersy before said Court ending, and then andtiere to be tried, wherein —__ agi ma 2 <—- Im Plaintiff ; nd this you shall in no wise omit, under the penalty prescribed by law, < Ch. Sha ADieee_<. Sons _..... Clerk of our said Court, at office in eZ ek the 2 _ . Z a 1 ee Jee | “ao 4 Yo — < ‘euaDdqNS IAI) —— Civil _Subpeena.- —FOR SALE BY THE MASCOT JOB OFFICE, STATESVILLE, .N. C. a STATE’ OF NOR DH CAROLINA, Go the Sherif? of Gublha County--Sreeting YOU ARE HEREBY COMMANDED TO SUMMON persona the Court House in ot d: en-the MHondayatterthe next, then and there to testify and the truth to say in behalf of _/ VaR or ake a ina Mane id C ed, ; Plaintiff ____ , and A Defendant WITNESS And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in S14... , the De after the Monday in fy ) a ' * Clerk Superior Court for | & be was _.. County yo LALIT 40. ‘BuDdQNE IAN) ocx ““quppuefeg — yay" _Civil Subpeena. —FOR SALE BY THE MASCOT JOB OFFICE, SPATESVILLE, N. C. STATE OF NOR’TH CAROEINA, Go thé Sheriff of a a County--Sreeti YOU ARE HEREBY COMMANDED TO SUMMON . Me / personally to appear bef gp rape we Superior Court, at the next Court to be held for our said county at the Court ase in - sve Fe A antgniiay affine ZZ. «<— Mofo ae. ——— next, then and thre to testify and the truth to say in behalf of Me ffm —— na certain ontroversy before . said Court depending, and then and there to be tried, wherein ee ‘es Plaintiff - : dial Defendant __ WITNESS 24 oeeeeee. » Clerk of our sdid Court, at office in GLY. We oe la > a | Monday after the Monday in eA Mas Clerk Superior Court for “ tht tle County And this you shall in no wise omit, under the penalty prescribed by law. / Prey o: BL, hr 4) ‘Yy Pp 4 eS <y? jew Yyry er ° eR - * Ae > ‘ ; i} nrg tag tg gm on yp boy’ ~~ J--520 ry & CA 7 Poy 973) 7 a er ney | Puadqng [IAI oo. a <= Fuppusjoq >| os . jsurvby "Segue wee 7 + seen yr Civil Subpena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of ___County—Greeting : personally to appear Court House in Soret You are 4 And this you shal} in no wise omit, under the vid leaden by law. fam, ER Clerk of our said Court, at office in Clerk Superior Court of Iredell County. Civil Subpena. i : “fd 3 | eee. = ag | Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of ——County—Greeting : You are hereby Comma © Summon personally to appear befo Court House in a ciedctaselbietessiscar wekoosioges the truth to say in behalf of ina Ae, controversy before sajd Const de Plaintiff Defendant And this Ce in no wise omit, under the penalty prescribed by law. WITNESS Clerk Superior Court of Iredell Couey. Civil Subpoena, p Cat Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff ot elite _ __.County—Greeting : You are hereby the truth to say in behalf of in Peat before said Couyt depending, and then and there to be tried, wherein Plaintiff......, and...... ALO AM Clerk Superior Court of Iredell County. Civil Subpeena. se cadets : ptt ~ Civil Subpoena—For sale at The Mascot Job Office, i ha N. S; STATE Of NORTH CAROLINA. To the Sheriff of Calanttc Realalnadt : a You are hereby Commanded to & ne Judge of Superior. Court, at sgn Cone ye See by law. Clerk of our said Court, at office in Clerk Supedax Court redell County. Plaintiff Defendant Civil Subpena. ie <A Term, 190. Civil Subpoena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of ; "__County—Greeting : You are hereby Commanded to Summon’ bw tngine cow ane ofa personally to appear be Court House in... the truth to say in behalf of... Plaintiff... said m y at the Clerk Superior Court of Iredell County. ——— — $i Civil Subpena:~* Term, oe /7#) Civil Subpoena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff ot Svat t —— * counlp—Greeting: personally to appear before the Judge of Superior Court, at the’ next Court to be held for a D Plaintiff. sti Defendant And this you shall in no wise omit, under the penalty prescribed by law. WITNESS Clerk Superior Court of Iredell County. 4 "etieas Civil Subp toe MCs ess Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of — Litlt@Zl. ___County—Greeting : the truth to say in behalf of in a certain rc eealy said Court he Ce ce : : Cr Plaintiff Defendant And this you shall in no wise omit, under the penalty prescribed by law. WITNE Clerk of our said Court, at office in A Me Clerk Superior Court of Iredell County. Piaibtiff Against Defendant a ne Civil Subpeena. ? Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of _Vrrke Lk Glade Coucatiiel ae are on ee to Summon. Sit fice bE he aa, Naz: fh oa Ty a a A personally to wrt plore the Judge of Superiot Court, at the next Court to be held a our said County at the Court House in. Adcthe Ai Adbea td. em Rides We Fe a nc di Lieder t St 63 ab Shakin Lash ikpdlin vee tehinaaed PMoorrday Tt... yee ccceeeeneeny asco cantliekPandbedeasiibomseanseens next; then and there to testify and the truth to say in behalf of...4..4.400% ee bOI. Aree A in a certain controversy before said Court depending, and then and there to be tried, wherein. “,. AA : / We cask . | - And this you shall iy no wise omit, under the penalty prescribed by law, Clerk of our said Court, at office in Clerk Superior Court of Iredell County. Civil Subpena. \ Term, 190... yng IK al yy LA: fe iis ae kg ra Be Win: Z Go vo) a u /29 5 Civil Subpoeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA, To the Sheriff of __ Med Yer, rien personally to appear before, the Judge of Superior Court, at the next Court to be held for e saig@ County at the 4] Court/House in...<8L.71 / on the... AK . the truth to sdy in behalf of in’a certain conjgoversy va said Plaintiff Defendant And this you shall in no wise omit, under the penalty prescribed by law. WITNESS Clerk of our said Court, at office in Clerk Superior Court of Iredell County. Subpoena. Civil Civil Subpeena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF7-NORTH CAROLINA. Court to be held for our said County at the the truth to say in behalf of in 2k sai rt depending, ar Ec and there to be tried, wherein lerk Superior Court of Iredell County. Civil S bsg 141409 4 EER os dei Ws Curt 4 A tired Civil Subpoena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the precitt iid Y Se: : oe are "ere Commanded to Summon___... LG x. hi a 1, AMA. eon non- ef AAA 117A, 7s aN. Az bD-uv1 personally, so appear Court Howe itt... Defendant WITNESS Clerk Saierior Court of Iredell County. ee a le Defendant, Civil Subpena. ~~ 4 s ; Civil Subpoena—For sale at The Mascot Job Office, Statesville, N. C. STATE OF NORTH CAROLINA. To the Sheriff of Qu dit a ____.County—Greeting : You are hereby Commanded to Summon personally to et Judge of Superior Court, at the .next Court to pe held for’ id County at the Court House in after the the truth to say in behalf of ina at ersy before s Court depending, ¢ ‘ Plaintiff and..... Defendant And this you shall in no wise omit, under the penalty prescribed by law. WITNESS Clerk of our said Court, at office in Clerk Superior Court of Iredell County. Civil Subprena. Tern, 190.3, Oe eS of Neal Burke # VS. # Instructions prayed by the plaintiff, Southern Railway Company # 1, If the jury find by a greater woight of the eividence that the plaiatare, at the time of the injury, if the jury find that he was injured, was in the omployment of the defendant as a section hands se that at the timo of the injury the defendant haf its section foreman Berryhill, HoltshouserJichols upon the said train upon which the plaintiff was working at the time of his injury, and find that said foremen had charge of the said train and of the plaintiff and the mkx other hands working upon the said train; that the plaintiff was under the immediate orders and control of the said Berryhill; that all the said hands of the respective section foroman were working together on said train; and further find that the plaintiff was subject to the orders and commands of the said Berryhill, Holtshouser and tutus Miuketgex Nichols; and further find that the plaintiff was bound to Obey tho ordors of said foremen and all of them; and further find that at the time of the injury the said defendant’s foremen Ruxegets Holtshouser and Wichols ordered the plaintiff to be on the said flat car as alleged and to place the said ties upon the said car; and further find that while he was thus stationed upon the said oar en- gaged in the performance of his duty he was stricken by a cross tie and injured as alleged without any fault on the part of the plaintiff the defondant is guilty of negligence, and the jury should answor the first issue, “yos} and the second issue, "no", fo-Fs 2. If the jury find by tho greater woight of the evidence that the plaintiff at the time of the injury was at the place whero he was ordered to be by said foremon; that he was performing the work in the manner that he was ordered to perform it, and that while thus engaged and without any fault on his part he was injurod by the cross tie being thrown upon him by the defendant or its employees, the jury are instructed that the defendant is guilty of negligonoe, and that the plaintiff is not guilty of contributory negligence, and you should answor the first issué, Yes, and the second issue, No, —_ map in fie 4 3, If the jury find by a greater weight of the evidence that the plaintiff was performing his duty as ordered by said foremen; that said foremon were near the plaintiff, on the same car where the said foremen could see the plaintiff; that while thus engaged the plaintiff reached down to straighten a tie onthe car, and further find that before reaching down to place the tie, the plaintiff warned defendant's employees on the bank not to throw the tie on him; and further find that the said foreman, ‘Berryhill, who was the plaintiff's immediate section boss, if the jury find he was the plaintiff's boss, then and there ordered the said omployees on the bank to throw the said ties, and furthor find that the said employoes on the bank, while the plain- tiff was thus ongaged in placing the said ties threw the said ties upon the plaintiff in obedience to the command of the said foreman, and that the plaintiff was injured theréby, you are indtructed that this is negligence on the part of the defendant and you will answor the first issuo Yes, hf Yume — 1-3 4, If the jury find by a greater weight of the evidence that the plaintiff was employed by the defendant Company ; that he was engagod in the performance,as an employoe at the time of the injury, if he was injured, in placing cross ties on a flat car; that while thé plaintiff was so engaged, other employee or employees of said Company. through failure to exercise ordinary care, threw a cross tie on the plaintiff's foot and injured it, then the jury will answor the first issue yos, RLS A~ e+fot pie: dniciede tery 5, If tho jury find by a greater woight of the evidence that the plaintiff was engaged in the performance of his duty and further find that while he was thus ongaged other employoos of the defendant were engaged in throwing cross ties down a bank near the car, and find that other of the defondant’s employeos were stationed by the defendant near the car on the ground engaged in handing up ties to the plain- tiff on the cars and further find that said employees on the bank and those on the ground noar the car could see the plaintiff and further find that said employees or any of them threw a tie on the plaintiff, at a time when he was engaged in placing a tie upon the car; and further find that said employees or any of them threw the tie at a time when they could see that the plaintiff was in such a position as not likely tobe able to got out of the way fm of said tio, and that he was'\anjured therby, the jury are instructed that this is negligence on the part of the defendant and the fury should answer the first issue Yes, Lz ayemt ot ue Apr pe to the second issuc the jury are instructed that the burden is the plaintiff was his own negligence and if the defendant will answer the second issue No, defendant's section ma rming his duty in the manner in which he was order 9 and that while he was thus engaged he was injured by a ti thrown upon, by defendant*s em carelessly & and that he sedond issue No, 8, If the jury believe the evidence the plaintiff is not guilty of contributory negligence and tho jury will answer the second issue No, ple matielibe 9. Sf the jury should find that the plaintiff was guilty of contrib utory négligence, still if the jury find by 4 groater weight of the evidence thaw the defendant, notwithstanding the négligence of the plaintiff, if anf, couldj by using ordinary care have prevented the injury, and failed to\go so, and find tha}“such failure was the prox< imate cause of the injury then the j will answor the first issue Yes, and the socond issue No, 10, If the jury find that beth the tefendant and the plaintiff are guilty of negligence, still if the jury d that the defendant, through its ompleyées had the last clear chahge to have provented the injury, apé@failod to do so, then the jury will @ugwor the first Samm fe Yes, and the socond No, . Damages, As to damages the jury are instructed that the plaintiff is entitled to recover as damages one compensation for all injuries, max past and prospective, in consequence of the defendant's vont or f Core fi ——e o O__ negligent acts, These are-understood to embrace indemnity for xmkEEZ actual nursing and medical expenses and loss of time, or loss from inability to perform ordinary labor, or capacity to earn money, “pf Plaintiff is to have a reasonable compensation, if he is entitled to recover, for loss of bodily powers, and for actual suffering both of body and mind, which are the immediate and necessary consequences of the injury. fofev a Le is pete | Ww ENS eo ae A bab op Arta a ee, L rede - a1 hil pr Yy siti i ne on ek Ont | n oy Ly asx rr 1) tab Moti frit Ure Dh bed. rr uladsty th} th. 44; GAA? ae ith Long LA | | 1 un. pete) rin ti bees “9, Ato a 2% 2 py L Dae Ann of Lh ut tly, | ee , “a Lay bn fiir J Ta [fw = to proked vf a> bom Un ne Un beret Ang Cs Torrey "Saperr — Leas ny Te te of > mA Le o} ey [jnjpmcsclie ta Te " ssaep" gad in>r Q ex consd bine An? M apa-t Th, G@4> ¥ prvi ot th path yriunta Wi Ln... os A |} mh, , mda Onpewsr ter 14 (Fro — ‘ B frln te Ll mm Jia Ao ufpled Jot, | iv Bae. Xe reo Btw by or ot Teg ihe is jr ty AAG ee oe > QA??? ans ce es nq Bigtn Lie Ver Ar pr llh) 4 eat ae, me AH Omer Un IS tee bee Ate Ae Lt Arete Loewe TN 9 9 99) OS Vd a~ 1¢2+ 44 , c\ oo i tir. baw /t v2 br"4~ ane Cc Ceo nt Pe te me, be te oe 1), a 1s [Prue > we¢ the ED, Cae re at ee] | Pre LAA; UaAx loan A Ky La - Awr hue xe pw Ch ZtA bfirnr Gt ue peat at enmmeni a: T — Pee: és Vv tan pte. tk, Me Piinin ee A 2 Lhe ~ Jp o-tse Nena lO Lic Bie) a ant. Ie a le Ok YS SEG Gen as yer rutin het ce Lbtie _ ~~ = ee ae a a ea a YO 1G f | ye North Carolina # In the Superior Court. Iredell County # August Term 1903, Yeal Burke # VB. # Issues tendered by the plaintiff, Southern RailWay Company.# o Was the plaintiff injured by the negligence of the le defendant as alleged in the complaint? ~, Answor:= Ag LA 2. Was the plaintiff injured by his own negligence as alleged in the answer? Answer:- /)10 3. What damage, if any, is the plaintiff entitled to Zammz recover? answer:=$ 4 2S,0 © 7" eft09 solftequc TOOL sry: e** 4 ete hos feo € [> ye ort? } ‘ : «af > « ’ * . soe — ’ om! 4 - e\- * f+ f ory ends M1 anit + - a . + J BUPA y Uv - a" wr oY Oo” yaw! » . r . tis s¢ Ou? r : > sk baer 3 rf " - . tL? ! low Licks Gi ; " x Se dl 7 core or > oa - - ov - it a? ry : sv ‘Oa North Carolina # In the Superior Court. Iredell County # August Term 1903, Neal Burke # vs. ¢ Judgement, Southern Railway Companyf This cause coming on to be heard at this term of the Court before His Honor, William R, Allen, Judge and a jury, and being heard upon issues submitted to the jury; and the jury having responded to the issiies submitted to them as follows:— to the first issue, "Was the plaintiff injured: by the negligence of the defendant as gllegedsin the complaint?™ "Yes," and to the second issue, es "Was the plaintiff injured by his own negligence as alleged in the answer?" "io." and to the third issue, "What damage, if any, is the plaintiff entitled to recover?” "$985," It is therefore considered and adjudged by the Court that the plaintiff, Neal Burke, recover judgement against the defendant, the Southern Railway Company, for the sum of Nine Hundred & Twenty-Five ($925.00) Dollars, It is further considered and adjudged by the Court that the sAg Reh A oti vo t7 pladstieerecexar_of the dafendant—tne costs in this action to be taxed by the Clerk of this Court. Judge Presiding. Neen er Rea « z ' ’a ” . Fr " , re tT O0 cr ee eT mee ree on ov 174 »% ‘ +e s- % Be ont el ae et act or poor ; eermert : a ah rr. hye . - - wv eal ahem i »” A. he avyrte ¢7 f Ped 4 at ee > - ¥ rf rf : ev + ~ . . od + eV rat ' _ es vr ~ ry a ~ 73 . 4 14540 AY ye! a Jdl a Orso loc » ~~” : ir. “7 , . ren * } f. o aS Ree ow ‘ i ‘ ft Cal G 2 Rr te en RI tet lit Ba tl RS ary — - - - : . - . a t. . we ’ - 4 * ” . - 7 . - aa : C , ; eT f ry r ~ > ‘ “ yy ° « . ere “Cre 4 ' r tt “ , / 206 . . Meo $ ds rd : 4 & so we € v : ‘ ta” ; : ' os . ; s & ; an wie ‘ fa) ‘nm . . . » + wwe w be weal ~ —™.,.u aA , Glig w ~ “a ' ae ts a *) t ie vy uae . ~ ° NE TdOK ~ -@ © * Kd rf bene 18 eorenl tl: i | Yd-boee eo. ae 3] ois 8 of . oS ® S +8 g.. v7 ~* ‘ “we ea ” “> = r e > ‘ . cae: tee ) c ; Gilad JSddbin we. Mdwre lk ec aT ed sbbbiedds —tddndihite & ond Sand : s e~ n , oe eww? Orie f . ‘ > ’ . . . m ew (OC ey) } * ‘? ‘ ecce ; . , ~ ~~ x. - ° ‘ j ole ; 3-3 o3 wR ti r ‘ots * . z sey —_—-— eo em lan elle ee ahi ; : . : ed / * NORTH CAROLINA, Tie SUPREME COURT. No. 263 yi Nigl Mur he g oe 2s 2 uooMent This gause came on to be argued upon the transcript of the record from the Superior Gourt of edie Gounty:—upon consideration whereof, this Court is of opinion that there is hi error in the record and proceedings of said Superior Court. It is therefore considered and adjudged by the Gourt here, that the opinion of the Court, ae=detiveTret=by hee orem ethan |e certified to the said Superior Gourt, to the intent that the ail Ae cfifrrnil And it is considered and adjudged further, that the Mfluciant jt su, - the costs of the appeal in this Court incurred, to-wit, the sum of." CO 100 dollars ($ ME ), and execution issue therefor. A True Copy: NOTE . Clerk of the Supreme Gourt. HO writte. ey fer Curiam a BILL OF COSTS,—CIVIL.—Privted and for sule at The Landmark Job Office, Statesville, N.C. 2-106-1m. Pine tate Docket IN THE SUPERIOR COURT: County. ornate 2 see ney 35) 25. Against he. Cz. 4 AION aiicocintndirss shiscimapiek bonenbbaieninioti Caveat to a Will, entering and docketing... Tasaing Commmiaston — 2.........ccccceerescnsserenes son Affidavit, including Jurat and Certificate .. ..... ‘ 4h Motion, Entry and Record ot. LW Cx: Woaeala | TRIED. secepctnsicmnss Notice, fur each name over one in same paper | Impaneling Jury Judgment Against Rank in PiwJas. Young Me ‘ A. RP. Wath sy Mes.) ket weughiin Henry Caldwell T. J. “ilitams Nat York James Clark Liz Burke D. C. Brawley James Clark Henry Caldwell Henry Sherrill Henry Sherrill Nat York James Clark | Justification of Sureties, except as otherwise provided Judgment final in term time Judgment final before Clerk | Judgment in favor of Widow's Year's Support... ting same spe x oe | | eas ox parte aha “eo |: “ Judgment Sommons Indexing Judgmest...... |] Piling Papers i Postage, actaal.... i Transcript of Judgment + (Te am Sheriff's Return Appeal to § preme Court, including Certificate and Seal ee | Transcript to Supreme Court, 32 Sopy sheets, each County Tax, whes Jury impaneled Oar ne ar av. "We ae lo An en ate v= aS 2.5 4. 26 |}. 50 | ‘ 26 |}... | 10 | 10 25 fo 2.00 | 10 Civil. DOCKET Bill of Costs—C tui. 4s hued by the Code North Carolina i | n the Superior Court, Iredell County Noal Burke i Prom Iredell, VS. la laintiff's 7 Southorn Railway Ro it romombered that at a Superior Court begun and held in and for the County of Iredell on » 4th Monday boforo the lst Monday ° wy t+ ) wrk 43 _ oe TY : ¥ nN fi ‘ Q : + nc in Sevtember wh whereo his Honor, R,. Allen is present and siding, when and who he following procooedings wore hadt— first notico if it fail nsewor ft 1% within the plaintiff w a he Cou Po he peltof deme complaint. Hereof fail not, and of th gi make d retur . ’ ; o * 7 i “* els . lmy , . “4 ] “A AA Given uncer my hand an tL, this 23rd day of July 1901, ' Clork unerio A County. This paper sorved on mo at Moorosville, Cas at $:00 5 A, M,. By J. UM. Deaton, Dovuty Shoriff, E. Hawthorno, 4 ’ Ve > ‘COMPLAINT, Tho plaintiff, complaining, alleges:— ¢— That at tho timos 7 Uti 0 rn he defendant, the Sou created under the laws of carrier o we of a common of North Carolina . ' , Cie ae , 44 ae 4 YvaY a 1 } 4 under tho orders of } laintiff, yeos to “ armnls nan* Vy “ + wad foreman and undo? right foot of piff. had warned hands foreman was noar Dloyoos to haston the putting on of served reasonable tho other employoos had ob od throwing the tie upon the plaintiff fron hersinafter mentioned Railway Company ws ho State of Virginia, by imo and had givon o ie sors for hir: and anc conducting convro e w) tha care esville& hereunto iers +t © u +7 wea Ps] i. oe i PA . a & vne NProesanye a+ aa is a corvorsation the busie the for purposes “Tr Railroad .- q vO P ~ we belo) 1 +, “Ae + y=] on vin ArT OF 4 7 servanvs anda ner li- saan? a\ad ‘iv defor oMm-~ tho other ie 4f his foreman and 10y could have avoide his rear, but this they failed to do+ that the train which was being usod on this particular occasion had been out under the control of the said Barryhill, the “ 0 5 TT Plaintiff's immodiato foreman, and also under the control. of one “Yolts— houserwho was also a section foreman, and tho two , foreman with thoir hands respectively under them wore engased in tho work of load- . ing ties at tr e of the said injury and both of the said foreman were then and there present and were overlooking the work of loading AT + ‘ > . 7 : \ esi + * 8 am & an 7 . = . F110 tLes a ; pe bt Yn ervisin io work of their employoes, and @f proper procaution had ° a} no the said fore- . lno to have 3 4% * wat + + a » ¥ 4 - : MAE 27 4 . . > + KH and they had pormitta< iwir hand snectively under then - - ~~ ! ) ene e ‘. » ’ . r 4 asti a *. ordinary care tho %O ad mig have been avoided, ‘ the said train was an ext? rai sed for ti murpose of hauling foramen had control of the sane ind it had no conduct: other th he tv said foreman who ‘ hh “ ec 27 . _ A «wy en 4 . } + had charge of all the hands connectoe ith the sai rain and control of them and were in al s noc he vy = orincit ; i@ Company, re ~ e of to time the p] i h g01 » §601 ind healthy man and : erfo2 m hard hb . thi tho + . ‘hh h { t, of slLaine tiff were brok 7 sd and A0nt ie 9 t ~# } rroat hodilyv “n * i h . ‘des the anguish of mind.on account of his broken limb and of his being rondored unfit and unable t@ perform those labors nocossary to obtain a ltivai~ hood, whoroby ho has been endamagod 1 10 sum of 52,000 dollars, Whorofore he domands judemen .o defendant in the sum of 000 dollars and tho st his action and for such other and fur- relief as in Ze0 V. Turlington Long & Ticholson, Att'ys. for tho Plaintif?. Tonal Burke being sworn says that tho foregoing complaint is (4) of his own knowledge, except as to those matters therein stated on formation and belief, and as to those he believos it to de true, his Noalx Burke Mark Svorn to and subscribed before the Sth day of Septombor 1901, 3, B, Boyd, Deputy C,. 5. C. Piled Sept. ANSWER, 7 ro rm Ay 4. . 7 & Ta we * 3 . ~ Mie defendant answors tho complains ana says — Pirst?- That parargranh first of th complaint is true, Second:~ T the defendant Ni n¢ sufficient information to form a beliof as to tho truth of the egations contained in tho second par= agranh he complaint and Third:— Tho allssations co ainod 4) 19 third paragranvh of tho zamxitain complaint are denied, Fourtht= That all the allogavions cons n the fourth paragraph of deniod, rations contained 1@ fifth paragraph of the ws s = 7 » _y. | . . tho defendant say ysi- xyvor injury he may have negligence while in atch and lookout for ang of the ties upon the cars; caused tho injury in that he should e have faced tho } is ongaced in handloing tho 8 when in fact he had ha S his back to them and fled to Look out as he should have dono, SecondtenThat plaintiff contributed his own injury by his negligence in having his foot ovor tho edge of tho Plat car while tho hands wore throwing the tios from tho bank +o be loaded upon the car. That if he . had exercised this common prudence and reasonable care he could have seen the ties as they wero thrown and thus havo avoided the injury complained of, i plaintiff was the o: his own injury and con tributed to the Defendant having fully answorod asks that it rocovor its costs 4n its behalf oxponded and go honce without day. Chas, Price & hl. C. Caldwell, Counsel for Dofendants (5) 5 D, M. Coiner deing duly sworn defendant, The Southorn ; Statesville, N, C. that he has is true as of his ovn knowleds oawe says - Railway Company, to-wit - ° 5 ac tO, ~\ A , fe « that he is an officer of the we road the foregoing to & Y< vLlOES therein stated upon information and beliof, and true, a adie red » - sfury a k of injury a Tho Court declined to subm D. HM LU « : Be of Sea i@ 16th day 1901, ~ > ve iGSS8, Clerk S$ negligenos as it this issue and the wwerior Court. The following ‘is tho evidence in the caso: Jim Clark, witness for tho plaintiff tostified as follows:-— Place of Injury was near Hiddonite betweon Taylorsville and rer ae “on defondant’s raod: I was saction hand undor Berryhill, foreman; plain- tiff was a section hand whose immediate foroman was. Berryhill: re tae occurred on the 17th of June 1901: the train on which hands wore at work was'a work train composed of flat cars, caboose and an engine; train wos in chargo of Berryhill, Holtshouse and Nichols, who were the section foremen and in charge of the hands on tho train; taht said section foremen all had hands working on said train on that day: that they were all eee together loading ties: that train was stopped in &@ cut with a bank 3 or 4 foot highor then top of flat car on tho right hand side: Sat these soction foronon and their resnvective hands were engaged in loading cross ties on said train from a pile of ties un on the bank down on to a flat car sta: iding in the cut attached to the train that witness and the nlaintiff and the “othor hands work king on the train were under tho orders of defondant's section foremen, Berryhill, Holts- house and Nichols; that they wore all wor king together and the hands were all bound to obey the orders of these section foremen or be dis- charged: that tho witness ren the olaintiff know this at the times that plaintiff was upon the flat straightoning the ties: that the defend— ant’s section foroman tichols, was also upon the flat carywith the plaintiff; that Holtshouse and Barryhill were noar by whore they could seo the plaintiff: that witness and Henry Caldwell were down in the cut pushing up the tiss to the olaintiff on the car; that Henry Shorrill and Nat York were up on the bank sliding down the ties into the outs that plaintiff stooped down to straishten a tie that J “wd gotten crooked on tho cars that just bofore stooping down plaintiff warned the mon on the bank to bo carcful and n to throw the ties on him while he was straightening this tie, and Oped down, turning his back toward tho direction tho ties were comin hat Just then Berryhill who was on the car with plaintiff saia"let the tios come*; some one said * By God, le , the ties come’; that Honry Shorrill and “at York were coming to the adge of tho bank with the tie then, and when Berryhill said, lot the ties come, Henry Sherrill aa se mo have tho tie, and Nat York turned’ tie loose, and Henry Sherrill throw it into tho outs that Sherrill said look out; that w 3 and Henry Caldwell ran down the cut to get out of tho way of tho tie: that the strack the bank and turned over twice end ways and tho en ee struck the plaintiff’s foot on the oar and injurod its 1a , ow not put down in the usual way; that he usual way wa ; Lide them down end wayss;into the cut, and then we would push them uy: I int: h this one was ned ovor twice bocause sh orce with which it was thrown; Henry Sherrill not here; don't know whe h am not workine for the de “andarit now: when the ties are slid mn 1 ve io not turn over as this one did, After Hobry Sherrill throw h ie he ssid look out; it did not start down ond ways; turned twice »f the power with which it wags thrown; did not slido downs tio. 3 8 foat long; I have boon talking:ito no ono about this caso, Nat York, witnoss for the plaintiff testified as follows:— I was working on said trin on said day; the hands wore all phages, together under Borryhill, Holtshousoe and Nichols, defendant’ section foremen; said foremen ail bad authority to order tho olaintiee. and to discharge him if ho disoboyod orders; witness and Henry Shorrill were up on top of hank sliding tics down into tho cutto Jim Clark and Honry Caldwoll; thoy wore pushing ties up on flat car to plaintiff who was on top of flat car placing ties; we wore sliding tios down ond ways into & the cut; some one said let the tics como; Henry Shorrill said let him have tho tie; witness turned it loose, and Honry Sherrill threw it into the cut, and it struck the bank and turned over ond ways twico and one end struck the plaintiff's foot on the car, the other end was up on the bank; the usual way was to placo ximz a tio along on top of the bank and glide ties down ovor it; thoy did not turn over when they were slid down; that this tie was not put down in the usual way; when Honry threw tho tio into the out he said look out; Jim Clark and Honry Caldvell who woro down in the cut pushing up the ties to tho plaintiff on the car ran out of the way of the tie to Kkmmpfre koop from boing hit; the tie did not go down into tho cut at all; ties are hevor turned over end ways mxieaxzax unless upon levol ground, Cross oxamined: Shallow bank and sloping: manner of starting ties down depends upon the bank, “Henry Caldwell, witness for tho vlaintiff, testified as follows:- I was in the cut with Jim Clark pushing up ties to the plaintiff who was on flat car placing ties on car; Henry Sherrill and Mat York were up on the bank putting tios-down into the cut; the plaintiff, witnoss, Nat York, Henrry Sherrill, Mumrgxfatix Jim Clark and others were all sec- tion hands working for defendant on said train and we were all under the orders of defendant's section foremen, Berryhill, Holtshouse and Nichols; these section foremen had authority over us and had power to effect our discharge if we disobeyed orders: Borryhill was up on top of caboose next to car on which plaintiff was: Nichols was on car with plaintiff and Holtshouse was on car noxt behind car on which plaintiff was; plaintiff stooped down to placo a tie on car and bofore doing so he warned the men on the bank not to throw the ties upon him; Berryhill said let the ties come; Honry Shorrill and “at York had hold of th tie on the bank and when Rerryhill said let the ties come, Henry Sherrill took the tie away from Nat York and throw it into the cut; the tie xmkxrmx struck bank and turned ovor twice and the end struck plaintiff's foot on car; plaintiff, while stooping over to place tie had his back to- ward the men on the bank; the men on the bank throwing tie could see the plaintiff, and Berryhill, Holtshouse and “ichols could see the position of plaintire, and also soo mon on bank throwing ties; whennHenry Sherrill threw tie he said look out, and witness and Jim Clark ran down the cut to got out of the way of the tie: tho usual way was to xki slide the ties down end ways; this one did not slide down and did not come down into the cut at all; plaintiff warned mon to be carefnl when ho had to stoop down to placo the tie, Cross examined, Tie not pushed off, Do not remembor tie on edge of bank: ha tios thrown that way bofore; the usual way was slidins down Noal Burke, the plaintiff, testified as follows:- Injury occurred on the 17th day of Juno 1901; I was 44 years old when injured; was an experioncod hand; had been in tho employment of rail- road about 20 yoars; was thon roceiving the sum of $18,20 per month; up to the time of my injury was a stout hoalthy man and able to perform hard labor; bones of right foot were broken; foot was crushed; I am permanently injured; havo lost flesh; wei , 4 9 o C ¢ 4 thod at time of injury about 150 or 160 pounds; weigh now only about 155 lbs; genoral hoalth has boon impaired; have suffered and contiue groat bodily pain on account of injury; cannot sleep often on account of injury; I am unable to perform the labor nocessary to earn a livlihood: on day of injury plaintiff was working for tho defendant as a section hand and on said day plaintif was placing cross tics on a flat car of the dofendant, undor the ordors and diroctions of defendant's section foremen, Berryhill, Holtshouse and Nichols; said section foromon had charco of said train: they had chargo of all thehands working on said train, that day including the plaintiff; all of said hands wore working togothor in loading tics on said train; that plaintiff and tho othor hnnds of whom wore Jim Clark, Henry Caldwoll, Honry Sherrill and Nat York were under the control of Said séction foromen whose orders they wore bound to obey; that said foromen, any of thom, and all of thom had authority to command the plainwify and the othor hands above mentioned and to dischargo them ror disopevying orders: that the olaintiff? imov this at the timo of the injury; that plaintiff was ordofed by Mr, Borryhill to placo the tics upon the said flat car;that Jim Clerk and Nenry Caldwell wore down in the cut on the right hand sido of car pushing up tios to plaintiff on Plat car; that Honry Shorrill and “at York were up on the banksliding ties down the bank into the cut from tho pile; that one of the ties on flat car got out of place, and doefondant’s section foreman Nichols who was on the car with olaintire ordered laintiff to get down and straight on the tie; that plaintiff had to stogp down and plrooe said tie with his hands; that before stoopinr down to place tho tice plaintiff warned tho hands up on the bank to bo careful and not throw the ties upon him while he was in that position; then_Cant, Borryhill said to the mon on tho bank,"By God, lot tho ties como", and immodiately after, the tie struck the blaintifr's foot and injurod its plaintiff did not see tho sé tie come, as he was stooping ovor placing tho tie with his back toward the mon On tho bank; that Berryhill, Holtshouse and Nichols xkmewore where they could seo the plaintiff and his vos&tion and could hoar what he. said; that they could also see the men up on the. bank; that mon on the bank thpowing the tios eould soe the nlaintiff and hig position; a. , , whon tie struck plaintiff, plaintiff hollered, “men why did you throw tho tio on me?” “I told you to be careful and not throw tio upon mo,# that plaintiff did not got doctor until that night at Mooresville; about 30 miles away from place of injury; that »>laintiff was taken by Statosvillo on his way to Mooresville; that some time aftor injury, de- fondant's foreman, Borryhill, came to plaintiff's homo and asked xXetukk plaintiff to sign a papor, which he said was a report of tho injury; that Berryhill told plaintiff then that it was Honry Sherrill's fault that plaintiff got hurt; and that it was not >laintiff"s fault; that some time after this Berryhill came to plaintiff"*s house again whilo plaintiff was still in bed from his injuries, and asked the plaintiff to sign a reloase; plaintiff did not sign it, Cross oxaminod, Plaintiff had his back toward men on bank who threw tie; plaintiff sould soo them from his position on flat car: the usual way was to slido tios down bank end ways; don't know how this ono came; had my back turned; did not come in tho usual way; tho first paper Borryhill wanted signed was simplyza report of the injury; did sien any reloese oan walk somo; can »low a little: don't walk on crutches now; was at my proper placo at tho timo I was injurod, Y N, Iss Have known tho »lainti it is good, W. W. Rankin, witn for the plaintiff, tostifiod as foll \ f 0 ” ian . © . naw + ~ f 12 or 15 vearss; know his general. T. J, Williams, witnoss for tho p ntiff testified as followst= Mave known the plaintiff for 20 years; know his gonoral character; it is food, . Cathy, witn e } ) ILA LM ta 3 ‘ ia S followst— Have known the plaintiff's witnoss m Clark for soveral yoars; know his conoral charactor;it is good, Jas, Young, witness for t slain if is follows:-— Admitted by the dofendant tc an expe} Saw plaintiff's foot on th h Jine 1901: drossod it troatod hin: for sovoral month bones wore fracturod; top part was hurt: saw him last in August Ol; he ld not walk foot again to-day; dink it is permanontly injured; not form labor; thore 1: f noss s hat ho cann have t of his foot. Dr, dé Ee Melaughlin, Admitted to be an oxvort Vive in Statesville: stiffonoed then; motion could not tell whothor rv. 3 3 + * cS. — » 4 Tho defendant hero moved to nied, and the defendant oxcontod, Berryhill, witnoss for dofendant testified: The other section foromen had no authority over my hands to dis- >. charge thom; cut 8 or 10 foet doop; ties wore close to tho bank; thoy wore shuvyod off bank; this tie caught on top of bank; moroly an xmEisut accident: tio was put down in the usual ways thoro had boon one or two slid off beforo this; thoy went dovn into outs no moro force than usual: T said let ties come; did not say, “By God, let tios come; some one said look out, Cross oxaminod, Plaintiff wags whore ho was roquirod to be and was porforming his & work as Ho was required to verform it; ties 3 or 4 foot from tho edge of the bant; proper way was to slido ties down ond ways; I was on gazem eaboose 15 or 20 foot from plaintiff: could soe plaintiff and mon on tank: I do curse sometimes; I said lot tics come, because my duty to have them put in: did not hear »olsintiff say be carefuls I had authority over all the hands working on said train, as woll my own as those of Holtshouse and Nichols; they hed tho powor to command my hands, and if the hands disobeyed any of section foremen they would be RLXEKKXKRR ERPOR SEES LO the supervisors and be Lene in a proper case; T am now in the employ of the defendant; was suspended last Fall for failurs in duty$3 not here last trial because not “ordored to be heres saw pixtakc®t plaintiff on Sunday to have him sign a report; he was in bed at his home I askod d plaintiff whose fault it was that plaintiff was injured; plsain- tiff said oe was Henry Sherrill's fault; I did not tell olaintif? it was Honry S s fault; Dlaintife touched pencil and I signod his name to ead ‘t want again to get plaintift sLen roloase; olaintiff did not sign it; plaintife, Tin Clark, Honry we onry Sherrill, . Nat York and others wore al at work 0 said Pra iyi ading cross ties a “Ve +4 ‘ 44 “sane BO tan Pane 4 % Baws any as the section hands of enda she. time « injury. Holtshou am Ts) ‘Oro mA} e , ‘ f was on r am ion ro man ho fondant$ was 0) pir ‘intt a had no authority ovor Borryhi * 4 4 % aw 4 ~~ “4% ‘ P| .* i came ni¢r rear about SO Peot from Berry=— to Load: had slided downxXmmxz Ls proper place and perform : one of tho section foremen ordre the other section foremen to do anything would }o® reported to the suvervisors and proper c the plaintiff and the other hands were orders and wore bound to obey the orders of all these ° inti positio nd also I could rice ¢ struck plain- a] -) > oO e sual way to yn Tonry Sho am now in Por failure fo } yin ant ; dor all th one sadd straight tiff; pilo Pla eas 58 TE gu t 10 rd S ’ a these section foroe~- men, and if ho disobey ordors ¢ iny of them ho vould be reported to > | * the panatviaGes and discharged in per cases I was on the car with plaintiff; I told hin LO 29 wn and straighton the tie: somo one aed 5A Wh in ees4 ao not +4 « 4 8 44 » ntiPrfr's Poot don't : wY A ' Lita A a5 : know how it was thrown; I could see plaintiff and could see men on bank throwin y taaee propor way was to take 0 bank and slide down end ways into cut and mon in cut push uj; tif? on flat cars laintif? was where ho ws rderd to be by m id Berryhill and was porforming his work in the mannor ho was r: lrod to do its plaintiff was tooping down placing tie on car with his bdDack toward the mon on the bank whon tio struck him: tho mon on the bank could soe hin and soo his position; I havo nevor been dischs pended, and am now in the omploymont of the doefenda co o ) The dofendant here movod +0 non suit the plaintiff; motion de- nied: tho defnandant oxcepted, (Tho counsel for tho dofondtnt has the stonographer’s copy of the evidences in this case as taken down at the trial in open court under orders and directions of tho Court, and which the court used in the trial of the Case: but he refusos bo sot it out in his case on appeal, and apes t s to allow the eounsel for the plaintiff to have it or to notos of tho evidence as ,~took at the rial, and upon our recollection to reproduce the ovidonce, as hereinabove set forth, We are willing, attach it to there case, Hence we have bgonve fonce —-raly upon such . a aa y however, should the Court so ordor that the copy of tho o upon the trial by the stonographer, Miss Sherrill, who wa vidonce taken s the stonog- ravher of the counsel for the defendant, be attached to tho case on appeal, in lieu of what we havo sot out herein, it boing now in the ’ a » tae eer . AaAt ~ al > possession of the counsel f tho fondant ii oe 7 Tho following are tho specia struc ? f the plaintiff, show those given & 2, 1. If the jury find by 4 greater weigh - the evidence that tha pisintiff, at the timo of the injury, if @ jury find that he was injured, was in the employment of the defendan A section hand: that at the timo of the injury the dofendan -Orenen Berry— hill, Holtshousor & Nicholsm upon the ssid train unon which the Dlain- tiff was working a 10 timo of his injur acd find that said foreman had charge of tho working upon the said train: th ] Laint: was under Ss and control o 18 said Beri , a the said hands respective section foremon were w rking together on ssid train: he orders and com further find {hem . ae lefondant'’s foremoen { 2e if the jury nd by tho groator ty ’ the evidence that the plaintiff at tho timo of the injury was : ple wh 10 was order oremans that h as performing the work he manner yrform and t) h hus ongaged and ithout any fau m his par 10 was injurod by cross tie being thrown uvon him bv the nt or its emoloyeos i090 jury are instruct od that the defendant is euilty of neg nee, and 10 plaintiff? is not euilty of contributory noglis first iseuo, Yee, and tho ‘setond issue, (Refusod oxcept as in charco), S, If the jury find by a groator woisht of the ovidenco that the vlain- tiff was performing his duty as ordered by said foromon: that said forée— men wore near the plaintiff, on the same car where the gaid foromon could see tho olaintiff: that whilo thus encared the plaintiff reachod down to straighton a tie on the car, and furthor find that befdre renéhe place the tic, the plaintiff warned defendant*s emoloyoos ing down to on hims and further find that the said on the bank not to throw the tic foreman, Berryhill, who was the plaintiff's Immediate soction boss, if the jury find he was the »laintiff's boss, then and there ordered tho to throw tho said ties, and furthor find that Wa wnrtr Vaal Ve. a said employees on o bank the said omploysoos on the bank, wh! the : ‘f was t rared in sae intiff nesliscence on the Vac ros, a) Ir forms: "ee . injured J\A« 5 tha Vas ero w furthor xkxt fin ‘ 5+ ines 1% jurg should answor tho first Dares AA: : . "9 charge) L thee OC ' . ; ; pik b . 6. As th the socond issuo the jury sare instrmetod that the burden is upon tho dofadant to orove by 4 greater woight of the ovidenco that wae 1 LP tho defendant nlnintiff was injured by his own nogligenco a1 ’ 7 SecoONna failed to dorthis tho jury will answe: : (This instruation was @ the defendant having admitted contributory né¢ lan 4 YViitt U ~ i % s 7, if the-jury - tiff was e a by tho coefendant snid ct r the-.d ion of the ‘ho gocond issue Court ve (This instruction was i, adm i 4n Q t t -he plaintiff was not a+ e dofondant having admitte: 9. & 10 instructions guilty of contributory negl4 a@npear as heaving boon marked out by his Nonor running his non through . them, and thoy were eliminated from tho of contributory nesligoence none, Damacos eae ee ? oe — . 7 -* Z cos ‘the & na co raAernvar scribed jury shoul An accident is”a: in unknown, cause or an unsual and siw u Ped i ; - J ra] “- v year — } ‘ unexpected event from a known caus jury should find * tho tie was being handlod in the usuel ' vas started down the bank u in tho usual way, ond from some unknow ‘(4+ turned over twice or if the jury should find that 0 0 was started down innthe usual way and unexpectodly caught | ho bank causing it to turn twice and > . : and injure the plaintiff this would be an accident for wl would not be liable, The following is th larga ¢ he Court:— (6) > Tho jury answered 411 tho issuos in favor of the plaintiff as follows:- za Was the plaintiff injured by allegod in the complaint? me Was the plaintiff injured by wn as alleged in Sswer? Answ the objection of (4) Becauso +) Cour’ causo coming ae second, issue, "Was the plaintiff injured by A. «or? “0 ,° and to the third issue, *P®Anoe ® 7 . What damago, if any, is the plaintiff ontitlod to recovor? eed, It is therofore considered and adjudzod by tho Court that tho piaintiff, Noal Burke, recover judgmont against the defendant, the Southern Railway Company, for tho sum of “lino Mundred & Twonty=FPive 0 t is further \ lared and ac ‘ costs in this action to bdo 5+ 4 Ana AL A we ‘ huG 06 VA pel atder/ 7 » 4 y PIA eRe ys 1 7 Plain¢i ft, ff neni W 3 bx, es of Cm oe ew : pete Mr Lew, JLo oe it tv ‘a ea Aertetaicnc z r (t) 4+ fo plese of hk mae a een 4S ~gk pa Rae “ bbe. 20 Otmeeet: Teena 42 @ tae fa ¢ Be he mo ao re ea eon Se —— SS | q 4 1 ; | | Lop ¢ — aE RE c » Sh | y 3 | . 4 Tt { are arin ae = OSES Yh gros hat fee Ce | ay rch vide mm Bete 1g Ca an : prea s aee ‘ iy Fiat “Ef: Cog: a ” é . i, RS "Shy Fa a F< aeetnl | Bwsd Prine’ Lo ane t nc} | \nrch feos 249 wes Bac Pea | Teh, Fann eu ek C Gan emre <@ | | 4 C or frie Cos. Dob Gee Zin oa nL AnLid Loe a an, AS ST RE EE. aneteneemnmtimiamn “a = Railroad Records 1904 North Carolina In the Supreior Court Iredell County. June 16th 1903 W.H.Burkhead, . vs. | Applivation to sue in forma pauperis The Southern Railway. gp, | To the Superior Court of Iredell County. This is to eertify that I have examined the case of the plaintiff in the above entitled actim yand believe that he has a good and meritorious cause of action in fact and law. A ne L&E oS Sit At LV LEN North Carolina ke / Iredell County. W.H.Burkhead ,being duly sworn deposes and says: That he is unable to give sureties,or make the deposit required by law ,to enable him to prosecute the above ection ,against the defendant the Southern Railway,and therefore prays that he may be allowed to sue in said action as 4 pauper. Sworn to and subsctibed before me aK. (A yb f this June the f £ 1903. 0 alata 7) North cardéZina In the Supertor Court 3 Iredell County gune I6th 19035 ee ex eee eres W. H. Burkhead, ~~ vs Application to sue in forma pauperis The Southern Railway Co. In the above entitled action, upon the certificate and affi Gavit above set forth, it is ordere:: Ist. That the above named W.H. Burkhead be allowed to prosecute his said suit as a pauper. 2a. That ho officer shall require of W. Ke Burkhead ant fee, and shall recover no costs. This 42> angy of A----, I903. ” / pee SUMMONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. SUMMONS FOR RELIEF. the Defendant above named, if Tt € or wilfjn your Ccunty, to be and appear before phe Judge of our Syperior b Court, at a Court toe held for the Cpunty of AA at Court House in % , uit 3 on the bn Monday Monday of ci the same being the 10 r r- Li £4) 3 and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Sor said County, within the first three days of said Term, and let said Defendunt take notice if oo fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this 42.2 day STATE OF NORTH CAROLINA, In the Superior Court, Bie apt alan eens seate ane ansiaes COUNTY. AGAINST We acknowledge ourselves bound unto the Defendant in this action, in the sum of Dollars, to be void, however, if the all such cost as the Defend- being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of - oy County. Term,,! 3 a bis CR Plaintiff’s Attorney. Sheriff LeA.Al WA Dittoak DPM aie cine nice SUMMONS FOR RELIBF. /Returnable to Mn of the Superior Court of PReceived Mileage, No...... ( f . , &. North marolina Superior Court ‘Iredell County August Term,1903. W. 4. Blirkhead vs COMPLAINT. Southern Railway Company The plaintiff above named com,lains efi the defendant and (1) That the defendant is a corporation duly organized under the laws of the State of Virginia, and on and prior to the time herein- after named was owning and operating a certain railroad in the State of North Carolina, known as the Atlantic, Tenn & Ohio Railroad to- gether with the track, cars, locomotive, station and other appertenarm es thereto belonging and was a common carrier of passengers for hire ower said railroad and to and from the town of Mooresville, N. C., and the city of Statesville, N. C., using and employing at each of said places a station where passengers were received and discharged. (2) That the plaintiff was at the time hereinafter named, and for a long time prior thereto and still is an invalid; tnable to walk about or get upon or alight from the cars of the defendant, his only means of locomotion being an invalid wheel chair, in which he was always conveyed from place to place as his interest required. (3) That plaintiff on or about the 18th day of yay 1903, applied to the dofendants' passenger agent at ite station in the town of wooresville, N. ©., for transportation as a passenger on its regular passenger train o ver its said railroad to Statesville, N. C, That plaintiff paid the sum demanded, was given his ticket, and on the arrival of defendants train was lifted by defendants' servants into the baggage car of said train; that plaintiff remained seated in his invalids chair, being thus lifted and placed aboard said train, a 2 O)ities at the time plaintiff applédd for his ticket as a passenger on v cigs and its conductor and sefvants upon its train, knew that plain- 3 “ire was an invalid ynable to travel about except in an invalid wheel ehair, and that plaintiff was finable to get upon or alight from defen dents’ train, and that it was necessary for defendants' servants to lift the plaintiff in his chair into and out of its cars. (4) That upon the arrivel of its train at defendants’ station in Statesville, MN. C., the defendant through its servants undertook to remove the plaintiff from its car, that in doing 80 the defendant and its servants so unskillfully, carelessly and negligently handled the plaintiff and his chair that, without any fault or negligencecon his part,plaintiff was thrown out of the car down upon the hard ground beneath, a distance of five to seven feet, whereby he was rendered unconscious and fearfully and painfully bruised and injured about the shoulder, back and legs. (5) a That by reason of said injuries, caused by the carelessness and négligence of the defendants and its servants as aforesaid, plaintiff was caused to suffer great physiciel and mental pain and agony, was confined to his room for about three weeks,all the time enduring intense pain. Was disabled from attending to his business all of said time, and incurred an expense of dollars for med- teal attention all to his great damage $2000.00, wherefore plaintiff demands judgment against the defendant. lst For the sum of $2000300 damages suffi@ned as aforesaid. 2nd For the cost of this action and such other and further relgef as may ve just and right . W. B. Burkhead, the above named plaintite. being wworn deposes and says that the foregoing complaint is true of his own knowledge except as to those matters therein stated on information and belief, and as to those matters he believes them to be oe 7 Una. yi sat ‘Ze gaol Ae tn. 5 ns a. “——-- lipbhie Arr and 17 2 Eee Wi Fists fate Able 7. North erolina Superior Court Tredell County August Term, 34903. W. H. Burkhead ve ANS WE Re Southern Railway Company The defendant answers the Complaint and says’ (1) That it is a corporation duly and originally created, organized and existing under, and by virtue of the laws of the State of wirginia, and was at the time of the alleged accident, and operated the railway, known as the Atlantic Tennessee ' Ohio Railway, for the purposes enumerated. (2) ™e allecntions of the second paragraph of the Complaint are not +pue and are denied. (3) The allegations of the third paragraph of the Complaint are not true and are denied. (4) allegations of the fourth paragraph of the eomplaint +rue and are denied. (5) allerations of the fifth paragraph of the Complaint true and are denied. And for a further answer and defense to the plaintiff's aetion, the defendant says: (1) That upon the arrival of the defendants train at States- -l- ville, N. C., the plaintiff being anxious and in a great h hurry to get over to the “ity, transa@d@t his business, and return home on the 10.30 morning train, would not await the pro er employees to assist him from the train, but pr cured the services of one Holtshouser, to assist the porte of the-train and in attempting to assist the plaintiff fr the car 2 gyeund, the chair in which the plaintiff "at sitting, ab ongh ty slipped from the aL of said Rolfe 4) houser, ae the chair upon plaintiff sat from ! + : Ls the hands of the port of the train without any fault or a negligence th ar +. 4, ofthe defendant. That plbhin Cu rfoes to his injury by not waiving y fv) for the proper n ofew to assist him in alighting. d J 3 ® “4 , | 4 B That the plaintift contributed to his injury in procuring an inexperienced hand to assist the porter in takéng him from the train and in not awaiting the proper train employ¢e to remove him. . And having fully answered the defendant that it recover its cost in its behalf expended and go hence without day. ff eo Lk, Cut ££ Atty for Defendant. | D.M.Coiner being duly sworn says, that he is an employe of the defendant, Southern Railway Company, to wit, its agent at Statesville N.C.; that the foregoing Answer is true as of his own knowledge except as matters and things stated therein upon informationand beleif and as to these he belive it to be true. id (Z ’ Sworn to ans subsacribed to before me this the SF day of 8<£/1903. Yet LinAt Birt Cab 2. # taetg & at baa avotxns gated Wristntaiq od? ..9 .% ,efitv buna ,aeontand aid s$nanstt ,vti edt of 19v0 tog oF yrme ttawa ton biirow ,atais grimtom 0&.01 ont no omod murtet aq tud ,mtait oft mort mid gateas of soeyolqms 10:07 ont etioq oft tatasa ot ,19asorastloH eno to seotviee ett hows 1% Tiléabelq- ocd taisesod octiuotte.ot das.oter? oft to aw tttintalq edt cotdw ni ttado orft Drs Rg t+ oF tao ore oH btae to abnad oft rroo1rt beqqifa vi Pine ex? ,toavod o abnad ot soneaniinoen pitwoor at visutat ald ot bodudiuicos tttintalg of? sed? mtd ygna@cxat nt rest10q oft Sataas ot bnad beonslt reqxent ns a8 yolqme ntait teqotq edt anittawa fon at bas ated odd mort = | tnabnetob edt betowana yIfut antvad baA ~, .mid evoriet of 03 bons bebneqxe tladed asi mi taco est revosce: sf send? eyab Suoditiw eonor pss) D : i etnabmetel tot YItA | | to evofqme na at of tad? ,ayse ciowa ylub gnied temtod.M.C tnogea ast ,tiw ot ,ymagmo) yewllah mtediuo0® ,inabnoteb edd as euis at tewanA yotonetot eft stadt 5.9.4 elitvaetat® ta betate enatds bra atettam ea tqeoxe enbe [word nwo aid To oe ef oaett of aa boa tlofod baanotstarriotnt noqu nieteds . SW _ eourt od of Ft ot hedtroadira ana oF ni0owe E0@D SY t0 vab Q\ oft atd?t om stoted FWY Yard Dr ywryw Civil Subpcena.— Printed and for sale at the Lanpwank Jos Orrivs, Statesville, N.C. TATE C OF NORTH CAROLINA , i rs To THE SHERIFF OF Dou are = Com Boast to se House in on ae next, then and thereto testify and the truth to say in bebalf of in a certain controversy before said —— and_then and there to be fried, wherein a Kt. Plaintiff... t iees le. s sa ee x. « Defendent .. And this you shall inno wise ompt, under poe penalty prescribed by law. Wiitne ct Viry , Clerk of our said Court, at office in Clerk’ Superior Court for where lle, County. | 2 *S0BPENA—Givil, sor ec Ten TB utter hi Biter MoerwtBh nin. tia J Rett = Gb , 4 | [7 Poble L, - Wa, att Get 40 feck foo © Tpreed — Pic. yi ttas JP bathe hot PAE os ee by SK arn, dhatrt- Be foth, Boe ee oe ge oe : encased aa @ EM bide dn Cafe? aft = Ke wroee x bed —MDaffe sree — Bye beaonrCene | 7 = like - = [We ty see A ae at ee. at. BS as mas aa by fiak auaaan Satin a | Pp Mann etal A - Ti pis ae | han Yh om, Ae bn ot han Prk BO co, pe ee en Ri ee, Sele besa ee Ci tet. | itd ee = Bd ta mg ky te (Pil Chit dein A) 0 deere_| GF f aed any ag beck seaisd! “Cecud Wei cead | | Li, G tS 9 cee ee Lu a ft ha on E: Ss eee: Bucher id, Band Dew ti Hilary oes Lguet LY. tr-be2k Aah te. 7 Care ee a Joxt at aul hl ie Jord eh [Z=4 hel Kine. pe ae ae ff Sao Ae ae Aud Aar sm Gitifa yd hofkishs aad ay OE Te a Fgh on acoA: tet 7) | cto“ 4 —~. Logue ifs Ate wretiat > meek forme ¥ ac at can "He Leow OOecee Ce. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. ro. STATE OF NORTH CAROLINA, personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in Apel on the... 4 Monday after the oe Monday in OD. next, then and there to testify and the truth to say in behalf of ine certain controversy before said Court depending, and then and there to be tridd, wherein Plaintiff... and : 42a... bay. CE ~ Defendent..... And this you shall in no Wise omit, under the penalty prescribed by law. Witness Aare ose C £3, , Clerk of our said Court, at office in "al , the Monday after the Monday in 190.4%. (ALAS Cler&Superior Court for Ac LOE County. Plaintiff Defendant SUBPOENA--Civil. Civil Subpoena,—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04 STATE OF NORTH CAROLINA, County--GREETING: i 08 Wren Let? personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court Boies ip ae Pn OLE Le we tle | on the. pf= We a) sah atic OT LE D8 hplbey ix next, then and there to testify and the truth to say in behalf of inva certain Brile before said Court ae and then and there to be tried, wherein e ‘ oe , and . 32. Defendent..... And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in Monday after the Monday in awk lerk Superior Court for County. Plaintiff oe Defendant | - SUBPOENA--Civi | vor ol! [BAB si ~ Lok LC. Ptagr- Fz &. [Lacnxrz Hk Gress by Puccu rhe 4 Civil Subpoena,—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04 STATE OF NORTH CAROLINA, To THE SHERIFF OF “anail County--GREETING: Wou are Hereby Com OTC Summon the Court House in. 7 on the... Monday after the Monday in.. text, then and there to testify and the truth to say in behalf of ——~ 4 < “F a fs < rg in a certain ae befgre said rg a ee and then aud there to be tried, wherein Ki-F if v — ewer or _ —*— aL ‘ “-« ‘ Plaintiff... and — ft 2 2 a - ee. j Defendent..... And na shall in no wise omit, under the penalty prescribed by law. a L Ree , Clerk of our said Court, at office in Witness Monday after the Monday in —< / ff f'. ‘ ——— AL {7 oy t Ai, + # L.. Cc RO EE hoa —_ ett OO y j iv " 1 se oe 2 “ e. Yo & Wttrk Siiperior Court for Plaintiff Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04 STATE OF NORTH CAROLINA, To THE SHERIFF OF Pr MA County--GREETING: Dou as y Commanded to Summon ‘ Orv] eet personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in................ Rat ol a... AA. LA ~ c ‘ on the... basiesais Monday-aftes—the—— M dirdey—tte. UW py next, then and there to testify and the truth to say in behalf of ina certain contyover ae said e depending, and then and there to be tried, wherein We i . ih. 4 aon Ar ‘é . and ~~ peo Ge bat ha: Plaintiff... Defendent...... And this you shall'in no wise omit, under the penalty préscribed by law. , Clerk of owmseid-Court, at office in Monday after the Monday in pert AALe- Clerk Superior Court for Plaintiff Sf (Ga Defendant SUBPOENA--Civil. weg & a os Le orth Vasekian, eM In the Superior Oourt,: ‘Tete County, “ * * Nowember Term, 1904, ¥e Hy onan: i, 8 Southern Ry. Co. : This cause coming on to be ‘Heard before His Honor, Cqoke, Judge, and jury, and thé jury. having anewer- ed the Yeates submitted, to them in the case favorable to the plaintiff, and agsessed his damages at the sum of $170600: - | (5 ft is,, therefore, epea_moticn—of ptetneteeis condiered, ssabvok and adjudged that the plain- tiff, ¥. By Burkhead, recover of the defendant, Southern Railway Company,-the sum of $170.00; with interest. on the same, ad the costs of this action to be taxed by the Clerk a of this Court. @ Jaige Presiding, “Yo hy gxsov rebeegn? aft al ‘ amtiota® Aatrol “,p0eL ,atret redmovot (52S g gaRIOY Cfehext wae. Asodtrud oe o¥ a . , 600 ya. qeteittwoe ‘aid etotsd Breed ef ot so gnimoo seseo etn! Hiedsuo2 beteb edi to tevooer. ,baedixw ent no tee ($2w° 200.085 to mus edt+,yesque? + d of mottoe etdd to ateeo on? dn + sft? ets00 alt? v2 ~ spmaugeacsenarmcanteTntinetses \ allt pen tininenenise. ee } {a hienneteapecti BILL OF COSTS.—CIVIL. --Prigwed and for sale at The pigs Imark Job Office, Statesville, N.C. 2-1-'96-1m. os IN THE SUPERIOR COURT: County. Judgment Against AL finn cto eee K “LE | Motion, Entry and Record of........,. A Order for enlarging time of pleading Interlocutory Orders Attachment, Order in Injunction Order, including Bond and Justification Order of Arrest ubpe@na, each name Solicitor of Removal of Guardian Caveat to a Will, entering and docketing Issuing Commission Affidavit, ipeladting Jurat and Certificate .. .... be borat f fer hea. dgieas Notice, fur each name ove vs in same paper Impaneling Jury | Justification of Sureties, except as otherwise provided...... | Song final in term time | Judgment final before Clerk.... | Judgment in favor of Widow's Year's Support..... ! Docke ting same | Docketing ex parte Proceedings Judgment Ssummons...,...... Indexing Judgment | Filing Papers Postage, actual Transcript of Judgment ee d Sheriff's Return Appeal to Supreme Court, including Certificate and Seal Transcript to Supreme Court, copy sheets, each County Tax. when Jury impaneled Referee’s Alle ance Sheriff Magistr Plaintiff's Witnesses Woy ie wt he 4 d $1. a \ww EP / JY yy (‘epos 9qi 44 pax Sy) Jat Q—S4SOD f0 It_ on “LANDOd TIAID