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JS giver tccet wy & Yrs ee eb At fp and Latte (See tly « Uwe, %. Sk: flereh ed tafe hi tna ee en fs st, Ch natok a of ha Crssk. mn the nk x Wh> Lautan dh. tet terre be Get frF gE how nt UY Ay Lah beh Hawn “+.4- E A4tter nrg, J bhetfiey Fo inne 4 be bork. Jue | A elena nth a. Lee ae | dis fray 2aght- Llp Tha VJ thn ghd | OM oes Ae ck tO 1 BE ap tb ee ee A Lk Lah Me ; Pe yee « Dag ge HA , + Chek hete., ATS, Ae aad pues Jitm. t~ Bn KF fet KA fev tet a Be tel 7B ot en Vike BPYAH Fae wit ~— thervid. te ps oa ) o Gor ‘1 1¢fh- } Mia, tise Mex eh Lee brrh CH rn, Ung Sapo! Me Los, alias She Eg ee eee ~ ftir =< Kh ate fe" Me FN pl onttes Met Ha ftnaa ify x. th hhc. baa SU beter Sh he Pan pppdis vs Southern Railway Co. Special Instructions asked by defendant. i First. Where she Charter of a Railroad Company provides that, when no contract is made with the cormany in relation to lands through By which its road may pass, it shall be presumed that the lands on which the road may be constructed, together with 100 feet on each side of the center of the track, has been granted to the company by the owner, unless he siiall wit) in 2 years fro the completion of such \ portion of the road, apply for an assessment of damages, re shal] ? e forever barred from recovering tne same. The evidence discloses that this road has been constructed many years; that no proceedings for condermation of saic land have been taken other than the location snd construction of the road; nor is there any evidence that the plaintiff or those under whom he clains ¢ has brought any action or other proceccing to recover compensation Por the taking of the land for the rigt of way, and that more than 2 years have elapsed from the time of the location and construction of the roac, »efore the act complained of by the _laintiff , vige the taking and using the lend for the ditch, this being so, #re~plain- t i+ recover. /hay—Foomy Th. baw ah ~ fee, “kot te Sheen Ot Ae wed ak 1so-meraes fy ea at lhe fn ie Os? hi ie hee dao aan a ah Loe ok Mec oy ee ge co rh fhe “ = fr (Ke dnad 4<fPt ¥ m47- ga —4 623 Seconde If the Jury should find that the plaintiff cultivated the land upon and over which the ditch or chennel of the branch was run by the defendant, this would not defeqt the right of the defendant to the ossossion of the same, but that if was entitled to the ex lusive : we eh Jao ere d Loree (417 ay or Sane control of ites entire right o way in order to protect itvagainst a —] damagesy enw aa. S oD sf Third. af the Jury should find from the evidence t?.at the land was cultivated and occupied hy the plaintiff after the completion of the road at this point, Such use and occupation was subject to the after necessity of tie use of the whole 100 feet embraced wit) in the right of way, whenever it became neeessary to he used by the company for tne pmrposes granted in the Charter. 131l- N. C. 625 essary for the proper construction, operation and safety of said f Fourth . { If the Jury should find from the evidence that it became nec- * 5 : 3 road that the creek or brunch was necessary to be changed; to run it down the si@e of the road and pass under at a different point than R formerly, and that the djtch or channel was a necessary means of i conveving the water and that the ghannel was cut within the 100 seek t err defendant had the right to the uge of the 100 feet, and iff af Me Cite atk L. [le Pfpenntt- ones i= from the center of the track, then the Court, charges you that the / bye 20 Ice Mise 2 aww fhe is the plaintiff andin favor of the defendant. ee ~— 2Pan i aia ci Sinetenrat tans Ss at. sClal instructions prays: + $ wm tS 3 Railway Company 44 al ‘ me See ee . ae a. ae Re . “4 t 4 he Jury find by a greater weight of the evidence that it o « ¢ ve a aa Miia eas tn Ps oo ade 4 a4 aa iio wea ae on elk oe 9 vssary 20r a 5 AU & Ula ces “9 Ln Peake prop ar Wiinva: Ly ing of in . 4%. i a $ sh ce nah pot sf AY é . 4a a +2 “VU eut View .Veseteu doi & u--~ tue Wbiae se vil? jury f ind <¢ wos 3 2 (ee one 5 eo RR : C2 wat Tt 3 gt vd rr) $22 @lsey Cc ma i Le o iss We wee ea 3 9 =woantan $ «=t4 > 43 surf ~eAa *+hat Viale jury > J.dawe “J veiw S40 “oO we was 2 ‘ ae 4a 2 + 3 oer MA a. £35 + y 2 snenl in. i Bee 3 ¢ 3 é:? « the culvert through which the stream passed under the defendant's - } “ »+ hs $ aa :. sy : road from the north side to tho south side, if the jury find it , ¥ y / 2 Pp: : a 4 . + ©... r 5 yr “rr i. ’ ¥ did so pass, was amply large and sufficient to convey the volume \ } : . . s+ the 4 4 4. AAP ay maw4? ar 3 co. 7 4 , i < dein ww 4 . wy of said str 28) without NnS2 vO via MVUs @ eee ~~ ~ iv “ula rout Va ‘ “nA Pronto: 4 S that @ ayy1* - wae near -~ threw 3% ia SBanAan? and further find that this culvert was clesec up by the aetoncant, ‘ 7 Jar, 4 -% - e 34 ? 4% 4 4% ‘ aot~w~ 2 ana sa. vaeZ anai i QGUCavis -—- muy OA sala Luou8 svream Was xkUrE 7 + anietmal anvren nea > 4% a ae turned from its origin ourso into and through the said’ canal, A P4tnA hat *¢his ' a AY - > AYA) . : 7 maintéat and find that this was unnecessary ior the proper use and mainvein-~ ne Af £73 Sn Pandran? *oa “MAA : } ; } 3 ony wil ashy vs Vee UUs A\eees 4 ¥ ~ oad eee 6+ VO w Vue viiGri Veo d+ J 1 oe oe , 3 Ans\ sha +} ) -4 4 2 7T ase ve ves a> ~*~ ~ ~'We 7 TL. » —_— «% TI PZ 7 the ow ~ . «7.4 4 (3) _- 4a 9 oUt d w iwi! >» dae dé - » Juve I 15 we mad VLUGNCYe 4hat 4h a ; se % »at mad ¢ Sn can TT ° waa nn an POA a8 that the said culvg reforred to in prayer No. 2. was not suffici “~rl — Aw . 4” T* aft ? +> “ «4 4 so # ently large and ample to convey the volume of said stream without harm to the defendant's road and road bed, still, if the jury find by a groater weight of the evidence that by a reasonable amount of work on the part of tho defendant, the said culvert could have been rendered ample and sufficient, or that the same could have been rendered ample and sufficient with less work than was required to cut and excavate the said canal, if the jury find it was cut, and that by so altering or enlargeing the said culvert, the cutting of said canal, if it wis out, would have beon umnecessary for the proper usos and. purposes of the defendant, then tho yuty will answor the first issue Vo. (4) Tf tho jury find by o groater weight of the evidonce that tho canal in question was cut and that it was necessary for the proper usos and purposes of the defendant to cut the same, still, if the > ~~ jury find that the said canal or any part thorvof was negligently and unskillfully constructed and that by reason of said mugkigumg ‘ ; 2 ey . f « ty Pies * negligent and unskillful construction, the plaintife's proporty has been injured, the jury will answer ths socond issue Yes. (S) If the jury should find by a greater woight of the evidence that the camal in question was cut and that in the cutting and con- struction of same t PT Acs Ph Bae om m+ AV a5 eyes 09 ee cama . . . 4 o 4 aA} ws lowing Of the water through the same has caused it to widen and ik: a Se » hn 2 » 2 62. ene as, ei ai , | Pe , , + % in cave.and that the plaintiff's land has been injured thereby, the Sasaney 6727.7 a wan 42 mANMA 4eernsa Vases iJ WW deciecte eesidae i UL nat iV , OO UD = ae 3. : we % stan Paw 4 tan 6 3 i Se AWM et 4 4 e A bai (6) If tho jury should find that in the construction of said canal, Pad A re, < = tons At aA 4 nw NAY . ~ sy ~ a, al - y r ~ if it was constructed, the defendant or its employoes dumped large ~ irt from the said canal into and upon the land o: * quantities of d the plaintiff, over which the defendant has a right of way, and further find that this was unnecossary for the propor uses and pur- poses of tho dofendant and in disregard of the plaintiff's rights, and further find that the plaintiff's land was injured thereby, the gury will answer the second issue Yos, (7) If tho Jury should find by the greater weight of tho evidence that the cana 1 guostio 8 cut and constructed by the defendant, and that in the construction of the same any permanent obstruction > - , . was loft in the said canal or any part of it, which has prevented or 4 » &% f A ¢ . ay #7 Ax af 4% - Rs o ? .. does prevent the freo and natural flow of t} ater into and through +} 3 ry ; 4a 4 +k anmakh- ¥ + } DD 42t2 ; ’ %..« e 7 at the said canal, and that thereby the bed of the creek channol above +> 5 5 » ‘ sa 4 Pay ‘ ane ‘ , Is the said canal has been caused to fill up, and further find that by reason of said obstruction or obstructions being pga tiod to remain in the said canal by the defendant, tho plaintiff’ s,ab vo the said Canal has been injured, then the Court instructs you that this is negligence on the part of the defendan second issue Yos, (8) If the jury should find by a greater weight of the evidence that the defendant cut tho canal in question and further find that it was unnecessary for the purposes of the defendant and the proper use and maintaining of its road bed, thon this would be a trespass upon the land of the plaintiff and the Jury will answer tho third issue Yos, although tho jury find that said canal and every part of it is within one hundred feet from the center of the defendant's track, | ; + is 4 ey *. a] . eet +" ‘ b e jury find by a greater weight of tao evidence that the D ff , s ‘ . oe ee aera - $7? . oC ; defendant and its eriployees in the construction of said canal and wee a’ the culvert, used and operated a derrick, ana that the same or any Hart Of it was operated upon the Land of the plaintiff outside gf tho dofondant’s right of way, this would be a trespass upon the land of the Slain? iff. i. the ivy width anover. tire third. lssm Yos., (10) As*to tho’ question of damages the jury are instructed that Lf ths plaintiff is entitled to recov lanages, he is entitled to recover in this action entire damages,—past, presont and prospective, which tho jury may findfesulted from either the umnecessary or the negligent construction of said canal. AS, (11) If tho jury should find under the instructions of the Court that i+ was unnocessary for the purposes of the defondant to cut the canal in question and that the same was cut, then the plaintiff ww suffered by reason of tho cutting of said canal and the manner in which it was cut.-past, present and permanent. (12) If the jury find thot it was necessary to cut the canal in question, still, if the jury find, in answer to the second issue that the same was negligently and unskillfully constructed and that the plaintiff's land was injured by reason of such negligence, then the plaintiff is entitled to recover in this action the entire amount of damages resulting from such negligence—past, present and permanent. 13) If the jury find in answer to the third issue that the defend- o ant treaspassed upon the land of the plaintiff, then the plaintiff Y Lt) & h c? fom > s ° a is entitled to recover whatovor damages may have r such trespass, if any. EA 3 j la (DP Civil Subpeena.—Printed and for sale at the LanpMark Jon Orrice, Statesville, N. C. STATE OF NORTH CAROLINA. To THE SHERIFF O Ba: a. ounty---GREETING: Wou eo Hereby Commanded to Summon.s— EA if M: personally to appegr before the Judge of Superior Court, at the next Coyst to be beld for our said/county at the Court Aree. mie Co ; ) Housein on the (2. A+ yf dla seat / Reb tn next, then and there to testify and thé truth to say in bebalf of in a certain cont pas as Court depending, an then and there to be tried, wherein Defendent . shall in no wiss omit, under the penalty prescribed by law. Yi: , Clerk of our said Court, at office in ‘ “ WILLA, Clerk Crerior Court for Pee Lette, County. (AID WN DFAS jsutospy ae Liv Civil Subpcena.—Printed and for sale at the Lanpmanrk Jos Orri~s, Statesville, N.C. STATE OF NORTH CAROLINA, To THE. SHERIFF a Lee... County---GREETING: Dou are Herebe Commanded to Summon Le. Cleag personally to appear before the Judge of Superior Court, at the next Court to be beld for our said county at the Court House in on the on. A_AyondayAfer ne ALeran az fon next, then and there to testify and the truth to say in bebalf of AG 4x d-n-< in a certain controversy before said Court depending, and then and there to be tried, wherein “ae , fe. $5 = Defendent _ And this you shall in no wise omit, under the penalty prescribed by law. Witness , Clerk of our said Court, at office in pion db Monday after the Monday in Clerk Superior Court for __ [AD YNDAANS juvpuafag ee oS jsuivs py ~~ fiusojd | ; Civil Subpoena.—Printed and for sale at the LanypMarxk Jos Orie, Statesville, N.C. STATE OF NORTH CAROLINA. oe. OUNTY-~-GREETING: personally to appear before the Judge of Superior Court, at the next Court to be beld for our said county at the Court House in. eener cee este f mn the....¢.2—— Cay asthe FLO ~y is ao next, then and there to testify and the trutb to say in bebalf of & al . in a certain controversy before said Court depending, and then and there to be tried, wherein Te fs, Ze. a <~ Plaintiff . ., and Defendent . And this you shall in no wise omit, under the penalty prescribed by law. Witness , Clerk of our said Court, at office in Monday after the Monday in AZ hbalinrteg Clerk Superior Court for Qectece County. « & yo; s ~ yo 40-4 _ UD NDA 08 juvpuafag ey aS {suivd py Civil Subpcena.—Printed and for sale at the LanpMark Jos Orricr, Statesville, N. C., SI ALE OF — CAROLINA, To THE SHERIFF or.\ SF FOL Dou are Hereby lommanped to '. personally to appeagybefore the Judge of. Superior Court, at the next Court to be beld for our said county at the Court House in............ 4 on the......0f- 1p GFE fin. perdrege 7h sb hy A <z next, then and there to testify and the truth to say in bebalf of in a certain controversy before said Court depending, and then and there to be tried, wherein Le And this you shall in no wise omit, under the penalty prescribed by law. tness , Clerk of our said Court, atvoffice in a sf a. Monday after the ’ Monday,in Ps tip actacec Clerk Superior Court for Bc tM[ecA __ HD VN NS co e- Y ee North Carolina # In the Superior Court, oe - Iredell County #@ August Torm 1904, J, & Ingram ii 4 + ve, ¥ amended Complaint, a + he A ik oR Rai od oe OE ei Sh L southern Rallway Company # bias ee oe See : : a Up a a a ' f AVY Wa aaw wae Ye amends dick &@ CO? ipLaL LY +, %% s -" % . S As ; - ~m + 3 — n~ + ~ 4 in this action in the following particular, and for that purpose ~ 4 h * r * » Ye ~ , ~ so 4 a Pirst:- That by reason of the acts of the defendant as sot out in the complaint herein, the plaintiff has been damaged in the sun Of Tight Hundred Dollars. Wherefore, the plaintiff demands judgment of the defendant for the sum of Eight Hundred Dollars. demanded in the comp f ¥. &. Ingram being sworn says that tne foregoing amended complaint ls truco of his pwn knowledge except as to those matters thorein stated upon information and belie? and ag to thos atters he - Lioves it to ' true. Sworn to and subscribed before ~ y 5 4+ ha C4 %. me this the LdSt Civil Subpcena.—pPrinted and for sale at the LanpMark Jos Orri'®, Statesville, N. C. E OF NORTH CAROLINA, ’ o ; M, in next, then and there to testify and the truth to say in-bebaif of P Wore said Court depending, and then and there to be tried, wherein Defendent % Witness , Clerk of our said Court, at office in Monday after the Monday in J, A. Ingram # v8. ip Issues. Southern Railway Company # (1) Was it necessary for the defendant, in the proper maintaining of its road bed, to cut the canal in question? anmwwnr= Yi (2) Was the plaintiff's property injured by the negligons) and unskillful construction of the said canal as alleged in the Answer:- Y! ¢ (3) Did the defendant tresspass upon the land of the complaint? plaintiff as alleged in the complaint? Answor:-— yt} ee Se o (4). What damage is the plaintiff entitled to recover? ansvor:- 2 /) er Civil Subpeena.—Printed and for sale at the LanpMarx Jos Orr, Statesville, N. C. STATE OF NORTH CAROLINA, To THE SHERIFF OF Wou are hereby Commanded to Summon personally to appear before the Jydge off/Superior Court, at the next Court to be held for our said county at the Court House tt. | (AD ; i , \ : on the... 7 Monday Grin 4*= Monday in —Acth - next, then and there to testify and the truth to say in bebalf of . in a certain controversy before said Court depending, and then and there to be tried, wherein Defendent...... And this you shall in no wise omit, under the penalty prescribed by law. Witness ———— , Clegg of our said Court, at office in A= , the Monday fafter the on Monday in agK hh Cuil in uperior Court for Letactet County. | B£eff -@/ 4924/ G / tx F777 rr TOT 681 ‘usa o; A WNDAANS BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N.C. 2-1-'96-1m. RUE MONEE WOE WR se se dnecks ssid chaas ndusitaancdhede.int vacate deanacoes biccvaied Bond, including Justification..............:..c00. scccccsceccsesesseeven sneeee PENG TRON OD as scsi sins sonbonsctiand Gas siudecpsorbésaborssepsdaneds Seetees Appeal from Clerk to Judge...... .......0cscesscses scosseesccesosaceversonoeseee Order for enlarging time of pleading................ ....-scesessseceseseseeee TUNER CO ee i MOM SPUUION BIN 55s scsdont cckb thamceasdconetibincusbosasabinsdanabhous iotecocs Injunction Order, including Bond and Justification.................. SPOON MIPUO Rn svnesccqersstcoesbinckaneibs cectoveedosesinicaisivechanbiessianers’ ‘sake i eo CRE ROD as sscisiiisniged Schvesnictansaneinacd aktoospia’ Wlekiindnace Notifying Solicitor of Removal of Guardian..............-<0«--e-+- Continaanes. ...........000+ eserseerers sbathdlgilichelgicibsiamnstabennee’ “seikebaleins Caveat to a Will, entering and docketing............... ..c.0cecsessesee TRU CON isin el ne Affidavit, including Jurat and Certificate .. 00... ........00. ceeceoes SSEEETTE REE R OTR OEEERS FEFEEE CHEESE ESES REESE EEESED EEESEEOESEROSEEES EEEEEE HORSE SEES EEE Notice, for each name over one in same paper...............00c000000+ I ET sachasiskieh sadliphastevedeeintha'a: wakdbnar ue sasbictueiv wictindibais Judgment Against Justification of Sureties, except as otherwise provided Judgment final in term time et TE IN Cai sc cinctestseincn ciienensebhersciediaeion ‘auton Judgment in favor of Widow's Year's Support......... ... ... <0... IEEE HNIION 24> nadctasdciettinpehchinucseitica ocqdadaaderidbien danéianidisoidbdis Docketing ex parte Proceedings oi) EE Diimneatbo. Ledéienepbacsberantedadicmscsigusatndebeseiaapibeens “ Appeal to Supreme Court, including Certificate and Seal Transcript to Supreme Court, ..... ...copy sheets, each... .......... County Tax, when Jury impaneled Referee’s Allow Original Summons, or other original process, including all therein e id aneaes nha eee 80 1.00 15 -25 seesensoeoeele ee ces Be pce nce nau Cee Sd bg cdi aaah an See ae an rr a, Uhckeey ae ie / seevenees sreeeeeee eeeeerene eeeseeere eeeeeeees saneoeneal iene seeeeeeesl | ooee seeeseee “ Pm “ “ “ a i TNE STEN TCENEETTTCCTECTONRTSECNCNESESD _oteelnd Mrineesnnaeny casilte +2 gage Reale “2 jsusoa py ) (‘apoD 94} Q paxy sy) [121 --SJSOD f0 Tt “LAM IO “MAID "ON BILL OF COSTS.—CIVIL.—Printed and for sale at The Landmark Job Office, Statesville, N. C. 2-1-'96-1m. Original Summons. or ather original KD jnctuding all ak names therein. ated RMR onan ensue mr ‘gens L 7.87] SS haan f SB Every copy of same.................. Savitgh Sanuang tine dita) galpcdnatentabanieasinss 25 |]rssreeeeses 255 be AT wavendlaasebdeas takai Bgnd. including MP URMTOMRION et hace ae al et as OO a le ema oh Pd bes ok xpi Pistire ~~ A LAs tse. bg fcc enxfs0 eaten MAST]. wars eanhicoencans ad GA rkeX Order for enlarging time of pleading ......00...... cccccssseccseeseseccoeeee Se Al ecesivtasies 257 Saush <éahabecsar’ make PS REO RIPON ss 555 as saokokins ) scaced: condlaonadad: acalodatul enadiboobs MAD Heacisceied Peakdssagsttiedestuncoiabearthaed UCU MAO R MIPOOP GI Us chs 4s anna: cana icooed Actbeeedacedasaxe shoedi caddie Sores MO Pickesasssphdstinatensel tossed apebcuoabottens Injunction Order, including Bond and Justification.................. BM AN shige Nentsddsorncss TE Molteoeeramecneaeaad MRO SE MO UUNIN ie dah dase seeders sasdeRictipni bods cece es bulawssis cavubacebecd Viakes BDO Ti cccrcicosxcelisiss ilelbootes’ ssbtaacictaouk Notifying Solicitor of Remoyal of Guardian... 1.00 Ih ..ces sccosehecurapasat senoe:-oneerfosiscasen 4 Contnsance atbonneusbatnes bibsecmoaheah Ueosinchearsabeeshdmacnbonsnie cae: posaanobans Oe Haters z£ WI Sethian seottdhonevuahah Caveat to a Will, entering and docketing..........0... scccocseeeee-coeee BGP [iussiiasscelsliscccreatthouibe Waase | iuaseiibey Issuing Commission | ......4.....cccccsecccecseceneee Be a ey EID Tinpees Vnthe I Sanahens| betula daaadhghipoics Affidavit, including Jurat and Certificate .. 0... ccccceccccee ccs SE Ti ktiics concieT Shenkok Miaabed saecdbleveiioons | Motion, Entry and Record of....7.. OO. OAR... se Ticket 2 A Pes: Fidel | Notice ....... pune ehe lg’ dbnkpboasidaabgadeuddioedesos ebihesinarackbied tun ak’ bee; iede i ol TE cxve: nhigied iaivb: hebbccbAapadeadbisacunes Notice, for each name over one in same paper..........c..0.secc00-a0ees cA Wiedendsacntilliansh:nacklwapusecsins Leeovbesth PII CN Oe hie $B Tibentosctedies honcaplocctivsebeedealla’ Wkicadeadd Justification of Sureties, except as otherwise provided............. 50 Lsseeeneeenee| eannnrs |. pdecbalieeedbang Judgment Against Judgment final in term time ROOT ais. cease tee benee“sbakabebconsiin Judgment fina) before Clerk................... + © Seapercessé ‘ ROR ks sili stacetiakbelpiekedes Judgment in favor of Widow's Year's Support..... 50 | pe tie ss Docketing same aie + no in aie 25 | ’ a | - I . Docketing ex parte Proceedings : : 50 |/..... {}-. . | Judgment , iemeedidile 25 He Mie | aainnnatiadl ee Summons ve ~ 25 : peose ; , Indexing Judgment..... : a - 10 | ; S =e ‘ Giencantilband Vika Filing Papers nie : 10 i] sseeee] (@..}\.. botesteBecs estas Postage, actual par. ri : . | i ; H. shcesine taal % Transcript of Judgment 25 | | I vate 46 kxeoettomn Ff Sheriff's Return 0 i 19 0) iol q v i Appeal to Supreme Court, including Certificate and Seal 2.00 ' Transcript to Supreme Court, copy sheets, each 10 | | : | County Tax, when Jury impaneled 8.00 || 4 Referee’s Allowance Of fcr |r ew pda AAR Conatable OP. 6a q5Ee ADIEP onl... cl MON... 4 <0. 1 Te 7 Magistrate Plaintiff's Witnesses fe Lati— Clerk. Ls i (9p0D 241 & pexy Sy) ‘Junay-Sjsop fo pig ~ ~ “LANIOd WAI 7 cc co ‘ON Railroad Records 1904 : SUMIONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-’011M SUMMONS FOR RELIEF. To the Sheriff of. SS AAFELE-S. County—GREETING: Dou are Hereby Com ded to Summon ...... 8 Pa Stet oa a te Zi, Ash a i the Defendant above named, ot bg Ycund within your County, to be and appear TRL Court, at a Court to be held for the County of at the ar in oa ite on the... Ll Monday after the jf Monday of VAL ; the same being the Lh and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said|Vounty, within the first three days of said Term, and let said Defendunt take notice if 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 K 4 * eat 908 .. County. STATE OF NORTH CAROLINA, hie COUNTY. +7 In the Superior Court. We acknowledge ourselves bord unto... ..-.--oo-vie-ceov-eeeeesevescnsnsssecnnnpeeesonvessensupdnnnnneegecunesnnnesnesnnanssnsnanstnnvacassapemmnnnneensennenennnaneei the Defendant in this action, in the sum of Dollars, to be void, however, if the Plaintiff A, Viger te aaa iN lie nae en nb Dab el ATE tags shall pay the Defendant....... all such cost as the Defend- ant........-may recover of the Plaintiff......:.. in this action. Witness our hands and seals, this _................ WE os oe A. D. 190 SR a ae a er ke ( Seal.) petites, ( Seal.) *....( Seal.) and above his debts, liabilities and property Sworn to and subscribed before me being sworn says he is worth the sum of two hundred dollars over exempt from executions. this day of 190 aa a P4 & z Fi —— is 5 b — 5 v > &) wo 8 < Cx .. ~ x) & ox x ; ; 3S ? se “ = < i as g 3 { ca < oO} 3 -, ~ < a ; : — 42 8 \ X * | — # & . sg — . in ee o oc a et ae ee op ; 5 = 5 @ > \ o 6 a Ss! 2 es Ws = ¥ — on oY ¥ . ad ran} ie ee” a. x “Sm = North Carolina, In the guperior Court, Tredell County. May Term, 1903. J. A. Fulp, Plaintiff, vs Complaint. Southern Railway Company, pefendant. The plaintiff complains and alleges: -j|- That the defendant is a corporation duly organized and is, and was at the time hereinafter mentioned, engaged in the business of a common carrier of: g00ds \and passengers, for hire over its line of rail- way extending| from Salisbury; North Gerolina, thrqugh gtatesville, HickdRy ‘and other towns to the city of Asheville, iC. V. .' ~2<— That on the morning of the 25th of January, 1905, the plaintiff left his home in statesylilé antwent Ao! Hickory to visit his daugh- term, with the purpose te return thatveyenifig on the train of the de- fendant to His family, the wife of the plaintiff? being unwell and need ing his attention, and on the night of the 25th of January, 1905, the plaintiff wont to the depot of the defendant company in the town of Hickory, NorthCarolife, intending to become 2 passenger of the de- fendant company from said tow of Hickory to the city of statesville, where the said plaintiff then and now resides. That the plaintiff was accompanied by a friend who also intended to become & passenger on the defendant's train from Hickory to Statesville. That the plaintiff instructed his said friend to purchase @ ticket from Hick- ory to statesville for the plaintiff and he agreed to do so; that said friend went to the window of the ticket office and called to the a- gent of the defendant therein for two tickets to Statesville; that this was done in the presence and in the hearing of the plaintiff; that the agent of the defendant company paid no attention whatever to the call for tickets, but kept om at work within the said office, and, though the call was repeated more than once, failed and refused -j-~ to sel] the said tickets or pay any attention to the calis for the game; that the plaintiff and his said friend remained in the said depot waiting on the said agent to furnish to them the said tickets until the train of the defendant ran up to and stopped at the said station, and the plaintiff and his friend being apprehensive that the train would leave them if they waited longer to buy their said tickets boarded the said train without them. That the plaintiff and his companion went into the second class car of the defendant company, havirig\*the money to paéy and intending to pay the fare \due for their pessase to stateayville when Called upon by tho eonaue tor to do so; that soon after going into said car the conductor of the defendant came therein and demanded of the plaintiff and his companion their_tickets; that they told the sald conductor the they had no tickets and aise told aim/the reason why they had none, but also told him that they had the money to pay their railroad fare to the city of statesville, where they desired to go; tnat the said conductor seemed to be angry, but at first acted as though he was going to take the Dleintiff's money, stating to the plaintiff that he, the plaintiff, would /adve\to pay extra fare for having gotten on the said train without a ticket, and that the plaintiff would have to pay the sum of One Dollar end Fifteen Cents, ($1.15), in money, as the price of his passage to Statesville; thet both the plaintiff and his companion agreed to this, and while they were in the act of getting the money from their pockets to pay the same, the said conductor, who seemed to be made, suddenly reached up and pulled the bell cord of the train, stopped it, and then in utter disregard of the plain- tirft's righta, wilfully and wantonly, without just cause, made the plaintiff get off the said train; that the plaintiff remonstrated with the said conductor and insisted thet he should receive the money de- manded as the price of his passage, to wit, $1.15, and that the plain- ~ Due tiff should be allowed to remain upon the said train as a passenger to be carried to his home in statesville, N. C., but the said conduc- tor, wilfully, wantonly, rudely, contemptiously, ana in utter disregam of the plaintiff's rights, made the said plaintiff step off the said train in the darkness; that the place the gaid train had stopped was “mile or more from tne depot and the plaintiff was forced to get from said train and walk back to Hickory, N. C., his starting point. -4— That the plaintiff's wife was sick in statesville, and for that reason he was anxious \to| get home onthe night Of the said day; that by the arbitraty) (unjust, and -wilfulset of the/ defendant's agent in “ . this @xpeTling the plaintiff from the car aforesaid-in the~presence and nearing of divers good people, who were passengers of the defendart and riding in said car, the plaintiff was greatly humiliated and in- jured; that the plaintit was foreed to. walt back to Hickory and re- main until the next day/vefore Ne could return to his home; and by the wrongs and injuries aforesaid the plaintiff has been greatly endamaged, to wit, in the sum of Two Thousand ($2,000.00) Dollars: Wherefore, he demands Judgement against the said defendant com- pany for the stun of Twb Thousand ($2,000.00) Dollars damages, and the costs of this action to be taxed by the this, Court. 7 ia Aesinfal reg Attorneys for’ Plaintiff. North carolina, Iredell County. J. A. Pulp, being duly sworn, deposes and says, that the matters of fact eet forth in the foregoing complaint are true of his own know? edge, except those matters and things therein stated upon information and belief, and these he believes to be true. Fafa Sworn to and subscribed before me this the —6- day of A RR. 1903. North Carelina Superier Ceurt Iredell Ceunty May Term 190e Je Me Fulp, plaintifS. vs Seuthern Railway Cempany, defendant. Tae defendant answers tke Cemplaint and says; 1. Trat it is a cerperation duly and eriginally ¢ eated, erganized and existing under, and by virtue ef the laws of the State ef Virgin ia, and was at the time alleged and engaged far wire in the trans- pertation pf passenger and freight fre Salisbury thpeuck Stat sville te Asheville. 2. Taat the allegations contained in the secend paragarpR ef the Cemplaint are net true and are denied. Se That the allegations contained in the third paragraph ef the Cemplaint are net true and are denied. 4§ Taat the allegations centained in the fourth paracraph of the Cem laint are net true and are denied, And fer a further answer and defense te plaintiff's action, the de- fendant says; 1. Teat upen the 25th day ef January 1905, the plaintiff lingered around the statien ef the defendart at Hickery fer mere than an hour befere the arrival ef tae train ceming east, without asking fer a ticket, and then only waen the train had arrived and was ready te leave the said statien and the Cenducter en said train kas ealled eut "all abeard", which was then tee late te precure a ticket and get on said train. Taat net precuring a ticket because ef kis net applying for the same, the defendant bearded the said train witheut a ticket . That when called upen by the said Conducter fer kis ticket apt ot yet failed te ae vanes one as was bis duty te ae ont er er ‘ requested te pay the fare with the t enty five cents additienal, re- fused and declined to pay the same, although assured by said Cenduct or that tke twenty five cents would be returned to him ujon his ar- rival at Statesville. That said Conductor, when tela by the plain- tiff that he would net pay the ameunt due, te wit ene dollar and fif teen cents, With the assurance that twenty five eents would be repaid him, then and net befere told the plaintiff that he would have te get eff the train. T&at said train was then stopped ,within a mile ef the statien ef Hickory, and the plaintiff get eff. And having fully answered, defendant asks that it recever its cests in its tekalf expended and go kence without day. _ LC AB weer Of Counsel fer defendant. D.M.Ceiner being duly sworn says tkat he is an agent ef the defendant namely its statien agent at Statesville, N-C.; that the foregoing Answer is true as ef his own knowledge except as te matters ane things therein stated upon infermati n and beleif and as te these matters and things he beleives it te be true. Jj> Swern teand subscribed befere me this the + ef May 1905, NGHA. Crvrcr patnatinttiatinsp it iaapeniiiaetniagn wa 4 i me an fiber ° ; hee’ Ld ; Li < ss a : oa i Pi ae o | oe he 6 alts. Cratinks 6 gies A i Y 4 | a ‘ amy z JZ L Aa Por x ; 7 Qo ‘ ot 4 | s het: S. Bee eee fame OD Z iH sath 7 bt Mle ememens Oe eng 0 Oty Pre i \ ~ “8 P _ £: Jt tx » eS tx ee CH fh Psd ~~ a Ate fo ees Ae fe ili aes a ga cea f ne et ie ee om Awe - Kh ee? i 4A tf ye a 4-V OVE Sais. ote + Ry A 40 Mw QD | F. , ! L4- ai pa ~ ie - 4 ete A Enz fie 2 ao one | | 4 J | ; A tveze => Lt, 7 o> ar oa sw **¢ . ‘ ‘ Os 2, \e ~% rc 4s JZ 4 ‘ o 4 st 4 ; fi 7 | td fF, J i, e. d 4 ~ af d IIL Ltn 4. ee bn Cet I ET ee Ae Pady ! i Ban po LC Rest f = 4 tins -Cef7, - rw 4+ ae 4 fo ee as BS. tk? e~ i ee / 4 % + | - . ee ne fl ne 34 * ae F ae, ee he i ae ee Da a a bh Pits fo I et he ey AO Oe ee eB 4 tk hit I ee fo tt wt a b>: he DB aS ik 2Ek ies ee Leimel hag - — ils Die iL, S Oe al ie 9 Lo Ahad ary mtr get Ut Lt ; ~—t & ier bb FE ve a Pett Saat fo an 7 Arr Atk Cl A b-p-7 3 rey i aaa lide 1 avi “. ef | ¢ ‘ ov fr ¥ vey oi — uch ider to 4h 4 re | {4 l kn [ Pp Jf t. as Me oe _Y SoMa a a — \ ~ ed [ ys i‘ j f ; ‘ L Fe 41 it SA Matt _ Aeon (4 Y NA tf J h AIL. J 1 paat 4 <f oY a of Z., ~7 Z tai i ree 7S IS ee ee we amps bEnrk— , a z AOA Ann - 14 Lb trie m j / ‘ oy hi < f / zc - c . ‘ “a a dat Pm, , ~ f }, 4 ui , , j ; Mere vere of lS No Slee a “ git A eo Cut a ' 7) ct... Sy aa Tce lh. gf rw b , —~ Fla f —_ mmm Pic , 7" C 2 Sinn état. 7> Le 4. / oto Lew ee bon bw Mobis A OOH a Pure a> fie 85 ba etuad~ 6, Shahn. iu kd A let © ies is 55 Cee i SS Hat ent. vs tie Pap Sy cs RO oe SO Lo ie Rea, Mien f—_ Boas onsets o> thn a — Hr G, whe f « é Za fm a ee: of ; eee t “Lh hb, Rim Le = 7 Je | , € e buds dux.. a cl Nias i? il ; A y~ 4 2/-40" Re ate Civil Subpoena.—Printed and for sale at the LanpmMark Jos Orri’s, Statesville, N.C. STATE OF NORTH CAROLINA, To THE SHERIFF OF... <@HAKY OU... County---GrEETING: Wou are Hereby Commanded to Summon yo" ae Monday fas. 7 Monday in ZA ax Ch ‘ next, then and there to testify and the truth to say in bepalf of CEL. in a certain confyoversy be re said Court depending, and then and there to be tried, wherein Plaintiff . ., and ‘ - {, <4 Defendent . And this you shall in no wise omit, under the penalty prescribed by law. i Witness 4 , Glerh of our said Court, at office in Monday after the. Monday in | , the Phy §.. (Fi ’ Line Clerk Superfor Court for A25e hee County. rey Yt Pry. cpg If pete ___ [AI FNAL “~“puvpuafag Special Instructions asked by the Defendant. -A rule exacting train or increase rates of a passenger who @oes not purchase a ticket before entering a can.jis a valid and re- sonavle regulation gkemm, It is the duty of the conductor to enforce and laere passengers to conform to. It is not the duty of a conductor to inquire and determine when a ticket offige was kept open before aed the departure of the train. He is authorized to exact train rates of any passenger whom he finds to be without a ticket, and in this caso, if the plaintiff in the action went upon the train without a ticket as testified to, then the Court charges you that it was the duty of the conductor to collect the excess of 25 cents in addition to the re- gular fare from Hickory to Statesville. Second. There is no evidence” of Personal injury to the plaintiff inthie-—eaction, and tr the jury should find that the plaintiff went “pon the trair without a ticket, and wheh called upon for his fare [ from Hickory to “tatesville, he declined to produce a ticket or pay Ww the addi*+ional excess, it was the duty of the conductor to stop his train and ejfect hin. Third. If the jury should find from the evidence that the plain- tiff was upon the train without «a ticket and declined and refused to ; pay the train rates, as demanded by the conductor, and when requested \ to leave the train upon its »eing stopped, he did so without touched Z2o0 by the conductor, then the jury will answer the first issue -~--*-" --= / Fourth. If the jury should find from the evidence that the plain- tiff was ‘pon the train prepared to pay and offering to pay the excess but the conductor declined to receive the same, but stopped his trein Mende, ef ona asked him to step off, which the plaintiff did, then the Court v t charges you that the plaintiff would only be entitled to recover ei compensatory ay 2 such damages ae workd- cover his ex- nenses of his return to Hickory, board and lodging until his de- parture the next day, and the Court charges the jury that there is no avidence-of-frandt-or- malice upon the part of the conductor, such ae as indicated-a wreckless indifference to consequences oppression, he me FRE Ue a DRE Re ie ME hemes ." Bex? eee ja eB insult; riteness or wilifuiness uponm the part of the conductor, and this-betint true the Court sharaet the jury that in no aspect of the case can She-jury give punitive damages. Fifth. From all the evidei.ce in the case, the plaintiff is not entitled +o recover and the jury should anawer the first issue ZL0.. OC Carrere Que o~ North Carolina, Superior Court, Iredell County, August Term, 1904. Keeicel, Feat : vs Southern Rallway Company. “1+ The ,egielature of North Carolina has preaeribed the dutiss of railroad companies towards their passengers by enacting Section 1965 of the Code, which provides that railroad companies shall furnish eufficient accommodations for the transportation of all such passengers ounventand ghall tako, tranaport, and diseharges such passengers eh on due payment of the fare legally authoriged therefor, and shall be liable to the party aggrieved in an aetion for damages for ay neglect or refusal in the premises. The Code, Section 1965, Story va Norfolk & Southern Railway Co., 155-60, ~2- This provision of the Statute that railroads shall take and transport passengers at usual stopping places is mandatory, ana if one becomes a passmnger and pays or tenders payment of the legal fare cue for the pagsage, the railroad Company is bound to carry and trane- port him, and a failure to do so renderg them Iiable for damages. “3 To become a passenger upon 4 railway train it is not neges- eeary thet the person should purchase 4 railway ticket. If one enters @ railway car with the intention in good faith to take passage thereon, and to pay the legal fare, be becomes @ passenger, ani is entitied to all the rignts “hich ariee from that relationship between paseengers and railway comp aiics. Bne. of Law, Vols Sy pave 402. -4~ The actual payment of the fare ig not egsemtial to the estab- lighment of the relation ofoarrier anc passenger, and if the jury shoulda find from the evidence that the plaintiff got on defendant's train at Hickory, intending to become apassenger thereon to Statesville, having the money to pay his fare, amd the 25¢ additional charged for being without a ticket, end inten@ing to pay the same “hen ealied upon by the ole EE ee Ae Me ee ah CO Ree he anatase ee aT . Paneer Ps Y mre : - : . ‘ , tee , . . “ ; stad sael % f i ‘ ‘ gonductor, he became a passenger on the defendant's train, and the defendant owe him the duty to treat him ag such passenger and carry him to hia destination, and if the jury should further find that plain titr tendered to defendant's conductor the amount of his fare and 25¢ additional, and that the conductor refused to accept the same, but instead stopped the train and made the plaintiff get off, and that this action on the part of the conductor was a wilful and wanton violation of the plaintirt's rights, then the jurg are instructed that the defend- ent would be liable to the plaintiff in this action, not only for euch Gemages as he has actually gustained, but also for punitive o> exemplary damages. Haugley va R. Rey 117 Ne Coy 565, Staley va Re Rey 155 Ne Coy page 60, ~6= If the jury should find from the evidence that the plaintifzs wea & Passénger on defendant's train, and that he tendered to the con- auctor the fare demanded of him, ineluding the 25¢extra, and should further find from the evidence that the conductor instead of accepting gaid money and carrying plaintiff to satesvillie, wilfdily, wantonly or oppressively stopped said train end made the plaintiff get off ths game, then, £ charge you, that this would be a breach of duty of de- fendant towards the plaintiff and such a breach of plaintiff's rights acs entitles him to recover punitive or exemplary damages in this action. -6- By punitive or exemplary damages is meant not only such dam ages ag will compensate the plaintiff but also such damages as in the opinion of the jury would be a proper punishment of the defendant for the wrong committed and also such sum as would be likely to deter the Gefendant from cammitting similiar wrongs in the future. Bne. of Law, 2 Bd., Vol. 12, page 6. -T- If you find from the evidence that the plaintiff was a pas _ gomger on defendant's train, and that he offered to pay the conduetor $1.15, the fare and the extra charge to Statesville, and that the con- ! Quoter refused to accept it, but wilfully and wantonly and in violation NY of plaintiff's rights as a passenger, stopped said train and made the | Plaintiff get off-——the jury are instructed to answer the first issue “c= Be ay yey wer Gey Pan Ewe <a " : ¥ ‘ : : my t ; > j t ® +. "veg", ani as their angwer to the second issue assess as damages such evwm ag “111 compensate the plaintiff, and in addition thereto such cum ag would be a proper punishment to the defendant for the wrongfl a3t complained of. Ge Ve Long, and Armfield & Turner, Atiommeye for Plaintiff. ‘. Bt gl net a 4 Ae ha bane Las” Ply, fe Civil Subpoena,—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5— 04. STATE OF NORTH CAROLINA, TO THE SHERIFF OF re ect County--GREETING: ,Wou are hereby Commanded to Summon... Cntr fine £2 OF eer ee been 1G. oe Sheet personally to appear befote the Judge of rn Court, at the next Court to be held for our said county at ie, the Court House in... the at oe aa ; on the... AMAL ; Monday_after the Monday_in.. q eset, next, then and there to testify and the truth to say in behalf of i. in a certain controversy before said Court depending, and then and there to be tried, wherein ~ ; © Plaintiff..;., an Sak Defendent..... And this you shall in no wise omit, under the penalty prescribed by law. 4 “ / Witness ; , Clerk of our said Court, at office in Monday after the Monday in © pte Clerk Superior Court tor \A LEK... ej ‘WALO--WNIOdENS 6 Sapa aa gareemmnaeee Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04 STATE OF NORTH CAROLINA, personally to appear before the Fudge gf Supgrior Court, at the next Court to be held for our said county at the Court House in on the 7 Monday after the ol y in Ags next, then and there to testify and the truth to say in behalf of in a certain controversy, before said Court depending, and then and there to be tried, wherein Ey Plaintiff... and Defendent.». And this you shall in no wise omit, under the penalty prescribed by law. Witness a , Clerk of our said Court, at office in Ad Papar. , Monday after the A Monday in f ae Court iwrncclheeg County. No. 102. Subpoena—@éete.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2—10—’04—2000. Bo Bideeh _.COUNTY-In the Superior Court, The State of Worth Carolina, ou are Hereb ac €d fo summon A 1 Cortes! Cr S., (3 GE # Flot 'Q Son EONS Ae ao (if to be found in your county,) ‘personally to be and appear before His‘ Honor, Judge of our Superior Court for the County of Prdih cosmic £0°B¢ beld in the Court Housg in A tle pam hhh kirtiry Op whith wt Unger bows | 190. to give evidence in an action then and there to be tried wherein iwe~ is plaintiff, and : Re Tihs, iv Defendant... on the part of the MSegh Herein fail not at your peril. 7 Gtven under my band this J “4 day of a ee 190 ~ eat ee Clerk Superior Court County. By cotakvints D.C. f SR I Or UU IO WE naps etlcaegnnacanthinhcbaddiestibcinsinestngpicniblenactchnnyes : 2 ~” S ~s 3 8 x ad 3s » S s zt Ss 8 I TT oS as witness...... Civil Subpoena.—Printed and for sale at the Lanpmark Jop Orri“®, Statesville, N. C. TATE OF NORTH CAROLINA, To THE SHERIFF OF County---GREETING: : fi ‘ Won are Hereby Commanded to SUMMON... pl, ews cvetcheceahoetiee seven seasmersensn aig Se Cee tee We Anes in personally to appear before the Judge of Superior Court, at the next Court to be beld for our said county at the Court House ip......... 9 eg Ls... ‘Splifes tt ——Morredaly’ 171 next, then and there to testify and the truth to say in bebalf of [ho in a contain mgerrew. before said Court depending, and then and there to be tried, twberein f ee a /e, a Plaintiff, . ., and is pou shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in Witness JIA _ ter , the Monday—aftter-the— Monday in _189...¥° , . VNGAACCEES Clerk Suiferior Court for \ <4 at vedo CX County. ff 68] ‘utsa] ee Trog7 ele Ay, e __ AD VNDda Ns juvpuafaq North Carolina, In the Superior Court, Iredell County, Je Ae Fulp, vs Tsaues. fouthern Railway Co. -l- Did the defendant wrongfully eject the plaintiff from ce- =+6 fendant's train, as allegec in ‘the complaint? YAr vro —2~- What damages is plaintiff entitled recover? FP} Go = “Worth Careline, | ne eel the Superior Court, ‘Tredell County, == «November Term, 1904,” eM ee Pulp, vs $0. RY. Co. This cause coming on to be heard before Hig “Menor; Cooke, Judge and~ jury, ant the jury having answers ed the} tosusp subadtted to the in the ease favorable to the’ “‘plaintifs, and apgesse; his damages at the sum of #160, 00: It fe, therefore, upon motion of the plaintifr'’s eounse}, considered, ordered ani adjudged that the plain- tiff, ‘J. A, Fulp, recover of the defendant, the Southern Railway Company, the sum of $160.00, with interest en the nano’ ‘and the costs of this action to be taxed by the Clerk of this Court. Judge Presiding, * ste setzegee « eat pt os aetkfote0. Ado "abet aio redmevor: se RE Shears eGieuod fLoberl: oy a Ghat 6A ob By ~ Leo eR 0 sats es0ted. Breed sd of no gatmoo eguso oldT Beever gniven cist eit eet, <taet hos ootu% .eiood. tone ae OF efieievs? egeo sdf at evastt ot boddiondre eesmet dt be to mye edited } Tittaltaly oft : Ona -altal¢ od? tad | pepst be his feteite ,betebiemoo , foanvoo e'ttiiatsks edt ito\ ftotson noqy See ,84 31 atedive2 edt mee steb edt to rev | z ANB TTF edt go teetetat | tobe 00.0eLly to mae sqero O Ke q” ;omea Wreld sdi yd Kirsh ago3 mottos aid? to atsoo edt ba %, efigoo ald? ‘to a ae + eeeaeeeee een +e ee Be ee ee eK ee ry egathisor. egdss i North Carolina In the supreme Court Iredell County Jo Ae Pulp vs Defendant's case on Appeal. Southern Railway Company This was a civil acthon before His ronor (C. MVM, Cook and a Jury at the November Term, 1904, of Iredell Superior Court,for the alleged wrongful eviction of the plaintiff, from train of the de- fendant on the 25th das of ranuary 1903, upon the following issues 3 -l- Did the defendant wrongfully eject the pleintiff from defendent&S train, as alleged in the Compleint? -~Pe What damages is plaintiff entitled to recover? vita - 2 GY tlre Ye,’ ConrC— rhs hte shetthee ff ” a i? ao ge See Cope ttaotesd Jha Kel, bu dbre ee ‘ Laas oti Merwe A. so ae a a_/~ r4etins 7 Pgh se ae , pf Gott. JW4t~ 7. 7 ffi en f a oa ‘ Lk / fet iH L ~~ e oy st ee a . 7 Sn ‘bc PAG F ute Lrectrmty w Je oe 6 eee la Atdttir ne Je Ae Fulp. the plaintiff in this action, on the 25th day of eft Statesville and went to Hickory , train was Jamiary 1903 I after 12 o'clock, don't know waht the schedule late left someth? time was in Hickory, its due here somethime about 7 or 6-30. G,. F,. Henkel was with me- I went to the depot for a ticket an hour before I met Wr, Tenkel and Mr, Burns time for the train- nobody was with me- \ State waht past beatween you and Mr. Henkel and Mr. Burns? Q- DePMngaht-ebpecte. ‘I went to the window in 10 mimites after I got there, no one there- I working at his telegraph instruments, I asked for two a [\ seen the agent tickets to Statesville=- he was busy and paid no attention- then By Mr. Fenel and Mr. Burns came in and I told wr. vwenkel to get our but did not get them, Henkel went and called for them I was K a n Y \ tickets. x A that must have been Lo or 12 minutes before still in the waiting room when the train blew expecting to get the the train came - Henkel said they The agent was right near the window. the tickets 3 tickets. I went and asked for / fs d S haven't given me these tickets. myself and the agent said :ou havenyt time to get tickets and get on dk It will cost ts 25 cents more, the train +00. The taain had blown. The train rolled up and I said to wre. ~enkel I am hormd to go home. but we will get it back at Statesville- i knew they weuld refund it, mS J —\ \ Ay I had ridden on the train before- I do not ‘know whether Mr. Rurns We want on the train- rear\.end of second claés car- and walked on, and I heard it or not. =e " ~\ It was crowded- we could find no place to sit told yr. renkel if he wanted to smoke - we were in the Fegro apartmort T Jmat had sat dwon - Nenke)l was sitting on the arm of the seat a about a\mile-- some saic. The train ra: cross rolling a cigarette. J. F. Lowe was conductor; he ceme in next to the baggage car, opened the door ond said "Tickets", lond and rough called out "tickets" when / } Henkel roso wp and says Capt. We ain't got no tickets. Capt. Lowe Henkel said the agent said that is none of my Dusiness why not. Henkel pulled his money out and Capt to sell then. He pulled out a book did not have tine Lowe said I haven't got tine to fool with you. and seys $1.15, that was 25 cents additional to the regular fare; Conductor says $1.15 to Statesville While ¥r, 3 8 knew it all along, ) Henke} was getting his money out I had $1,15 holding it out to him is Bais ats ae | +. 4n reply, It take 15 cents more than ohe dollar to get you there. si ne 4 but did not say anything v9 him at all, he stopped the train and waving his hand behind me said Get out Get out, I haven't thme to 001 with zou, but he did not touch me. Mr Henxel went out in front of me and I followed him, and as I got down on the steps I said I will see cron again about this, or I will sue the Company to which the conductor replyied that is all right, as I have sold my stock in the Southern Pailway, I felt hmiliated, worse than a dog, being put off in the presence of passengers and having +o walk back to Hickory, something like a mile, where J reniatved until the nex: morning, when I came on home, My wife was sick at Sec. expecting me that night . Ge F. Henkel. I live at Statesville, and was with Mr. Fulp on the 25th day of January 1903, when he and I were evicted from the train, failing to get tickets, we boarded the train withont tickets; the conductor came in the end of the car and called outTickets in a loud voice, when I said we haven't any tickets. He said "Why not". ,¢ pulled a book out of his pocket and said $1.06 cents to Statesville, I started to get my mone: and he said hurry up, I havantt time to fool with you fel- lows, he pulled the bell cord, stopped the train, and said Get out get out. He did not touch either of us. I heard Pulp say something to him after getting on the ground but I do not recall what it was, Pulp had his money in his hand, et the time the conductor stopped the train and told him to get off, He was rough and I do not know why he vanted to talk to us 80. We walked back to Hickory ard came home the next morning. There was evidence about failure to procure the tickets and also as to the character of the plaintiff. Je FP. Lowe testified for the defendant as follows: I am a conductor for the Southern Railway Company and was conductor of the train on the day naned by the plaintiff. I did not know him or his associate Mr. Henkel, as I 1 eft Hickory with my ~ ie due ~ Ot 88 train being 50 minutes late, I entered the secofd class coach and Called out as usual "Tickets" I'r. Pulp said we have no tickets , and offered mo a dollar and demanded ten cents in change. J replied where are you going, and he replied to me to Statesville, I said to him He declined to pay it and I said to him that if he went on this train he would have it to pay, I told him I did not have time to fool with him, and asked him what he was going to do. Fe said he did not intend to pay it, I pulled the hell cord, stopped the train ahout 3/4 of a mile from the station under an scales ane told him to get off, when he and his associate went out and got off the train, say ing that ho would sue the Company, and I said to him that is all right as I had sold all m stock in the southern Railway Company. I had no conversation with Mr. Henkel, rm conversation being addressed to the man with the black mustache. I was not in a bad humor, had no occasion to be angry, and addressed myself to the plaintiff in my usual tone of voice. I have »veen railroading for 24 years,and have lived in Salisbury all my live. : Fe De Cline, Witness for the Refendant That he was flagman on this train and was standing on the rear platform when the train stopped, thet it stopped at a crossing of the street under an electric light, between a half and three quarters of a mile from the station. The electric light was burning at the time, Theree was evidence by Arthur wa goner as to the plaintiff be- ing about the station for sometime, before the arrival of the train and its departure and no request hy the plaintiff to purchase a ticket, until the train had stppped on the yard, when he told the plaintiff it was too late to gat a ticket. There vere three or four witnesses testifying to the good character of Conductor Lowe and Wagoner, The following are the Instructions asked by the Plaintiff The Legislature of North Carolina has prescribed the Buties of railroad companias towards their passengera& by enacting Section ompanies s)all furnish 1963 of the Code, whi provides that railroad f all such pas seng- sufficient accommodagiona for the transportation ers **°****" and shall take\, transport, and discharwe such passengers eeeereee? on due payment of t fare legally authoriz therefor, and eved in an action for WYamages for shall be liable to the party ace ang neglect or refusal in the promises, The Code, Section 1963, Story vs Norfolk & Southern Railway Co,., 133-60, rePagdat Reodadry -2- This proXision of the Statute that.railroads shall take and transport passengers &t usual stopping places Nandatory, and if one becomes a passenger and\pays or tenders paymentAof the legal fare due for the passage, the r&Nroad Company is boukd to carry and truns- port him, and a failure to do so renders them liahle for damages, Befpndant_FXvep ks. -3= To begome a passenger upon a railway train it is npt neces- sary that “she perdAon should purchase a rail ay ticket. I one enters a railway c with the intention in gdod faith to take @s sage thereon, and to pay fhe legal fare, he becomes\a passenger, end is entitled to all the rixhts which arise from that elationship bdtween passengers and railway companies, Ene of Law, Vol. 5, page 492. Tafondart Except 8. ~4- The actwal payment of the fare is net cssential to the establishment of the relation of carrier and passenger, and if the Jury should find from the evidence that the plaintiff got on defend- ant’s train at Hickory; intending to become a passenger thereon to Statesville, having the money to pay his fare, and the 25¢ additional charged for being without a ticket, and intending to pay the same when called upon by the conductor, he becomes a passenger on the de- fendant's train, and the defendant owed him the duty to treat him as such passenger and carry him to his destination, and if the jury should further find that plaintiff tendered to defendant's conductor the amount of his fare and 25¢ additional and that the conductor re- fused to accept the sare, but instead stopped the train and made the plaintiff get off, and that thin action on the part of the conductor was a wilful and wanton violation of the plaintiff's rights, then the jury are instructed that the defendant wold he liable to the plaintiff in this action, not only for such damages as he has actually sustained, but also for punitive or exemplary damages, Hausley vs R. R. , 117 N. C., 565 Bropl Staley vs R. R., 133 ¥. C., page 50, j Defendant Excepts. Jo | / ae -5- If the jury should find from the evidence that the plain- tiff was o passenger on defendant's train, and that he tendered to the conductor the fare demanded of him, ineluding the 25¢ extra, and ~A- oyeplm WA ee -6~ By punitive or exemplary damages is meant not only such prupe Defendant Exeepts. JVD © A. | Soe T should further find from the evidence that the conductor instead of accepting said money and carrying plaintiff to Statesville, wilfully, wantonl:; or oppressively stopped said train and made the plaintiff get off the same, then, I charge you, that this would be a breach of duty of defendant towards the plaintiff and such a breach of plain- tiffs rights as entitles him to recover punitive dmexemplary damages in this action. Defendant Fxcepts. her 2 damages as will compensate the plaintiff but also such damages as in the opinion of the Jury would be a proper punishment of the defendant for the wrorig committed and also such sum as would be likely to deter the defendant from cormitting similiar wrongs in the future. Enc. of Law, 2 Fd., Vol. 12, page 6. ~7= If you find from the evidence that the plaintiff was a parsenger on defendant's train, and that he offered to pay the con- ductor $1.15, the fare and the extra charge to Statesville, and that the conductor refused to accept it, but wilfully and wantonly and in violation of plaintiff's rights as @ passenger, stopped aaid train and meade the plaintiff get off---- the Jury are instructed to answer the first issue"yes", and as their answer to the second issue assess as damases such sum as will compensate the plaintiff , and in addi- tion thereto such sum as would be a proper punishment to the defendant for the wrongful act complained of. Defendant Fxcepts. Special Instractions asked by the Defendant. “l- A rule exacting train or inerease rates of a pas* sencger who does not bie a ticket sail entering a car, is a valid and resonahle regiation. It is the duty of the conductor to enforce? parsengers to ookforn tO« {t is not the duty of a con- ductor to a@niutre and determine w en a ticket office wes kept open before tho departure of the trai te is authorized to exact train rates of any passenger whom he ds to be without a ticket, and in this case, if the plaintiff in/the dgtion went upon the train without a ticket as testified to, thén the Colyt charges you that it was the duty of the conductor to collect the exgess of 25 cents in addition he regular fare from Hickory to Statesville, - ~5- iF Te oe ee by Tee are elements of actual damages in this case , if the jury shall BN ee -3~ If the jury sheuld find from the evidence that the plaintiff? was upon the train without & ticket and declined and refused to pay a Pxcepts. yo S J -2= (There is no evidence of personal injury to the plaintiff in this action) If the jury should find that the plaintiff went upon the train without a ticket, and when called upon for his fare from Hickory to Statesville, he declined to produce a ticket or pay the additional excess, it was the duty of the conductor to stop his in brackets train and eject him. That part of the above instruction was re- fused by His Honor and Defendant Excepts. Ie pt the train rates, as demanded Wy the conductor, and when requested to leave the train upon its being stopped, he did so, without being touched by the conductor, then thea jury will answer the first issue No. -4- If the jury should find from the cvidence that the plaintiff was upon the train prepar d to pay and offering to pay the excess, but the conductor declined to receive the same, but stopped his train and merely asked him to step off, which the plaintiff did, then the Court charges you that the plaintiff would only be entitled to re- cover compensatory damages. (That is, such damages as would cover his expenses of his return to Hickory, board and lodging until his departure the next day, and the Court Charges the jury that there is no evidence of fraud or malice upon the part of the conductor, such as indicated a wreckless indifference to consequences oppression, in sult, rudoness or wilfulmemas upon the part of the conductor, and this being true the Court charges the Jury that in no aspect of the case ean the jury give punitive damages.) That part of the fourth Special Instruction in brackets was refused by His Honor and Defend- \ = ee The Court's Special Instructions, find the first issue in favor of the plaintiff- would be the loss @&& inconwenionce to the plaintiff of having to walk back to the station in Hickor; and having to spond the night in Hickory and until the train coming to Statesville next day, and any loas or damage he may have suffered, if the jury shall find he suffered any by self humil- tion or mortification in being ejected from the train. WH & If the jury shall. find that the plaintiff in this case is en= titled to recover exemplary or punitive demages- then they would in addition to the actual damages, which they shall allow , allow such amount as in their discretion they find wold be an adquate punish- ment of tho defendant for its wrongful conduct. There can not of course be any arbitrary rule for the measuring of punitive damages, a and the question must be left to the discretion of the jury, but it must be a reasonable discretion- after considering all the facts and circumstances of the case. And the amount should not be so large as deo to shock the conscience of right minded people. Judeetea Char re. Sete ‘fully Pe bim fron the cars), Upon the first ‘iets: - gentlemen, the Court instructs you to consider in favor of the plaintiff, the testimony of the plaintiff himself, Me testified that he had the $1.15, the price of the train fare from Hickory to Statesville, and that he offered to pay the seme to the conductor before he was evicted from the car, and that the conductor refused to accept the sane. You will consider also the evidence of the witness ren”el upon this issue. He testified substen- tially to the sane state of facts that the plaintiff did. You will consider for them, or for the plaintiff the evidence as to the good character of the plaintiff himself, and of Henkel. Por the defendant upon this issue you will consider the testimory of Conductor Lowe, He testified that the plaintiff offered to pay 90 cents, the price of a ticket from Sickory to Statesville, but re- fused to pay the 25cents charge for a passenger, who did not have a ticket, and that he stopped the tran and asked the plaintiff to get off, because the plaintiff would not pay the 25 cents and that the plaintiff got off, upon his request off the train when the train stop- ped withon* any violence »eing e0cd on his part; without hig touching hin. Upon the second issue you will consider upon the question of actual dannces the evidence of the plaintiff and the witness Henkel for the plaintiff as to the distance the train stopped from Hickory Je ; and the nocessity of walking back there, and spending the night, and having to remain until the next train coming to Statesville, which was the noxt day between 10 and 11 O'clock. You will ahkso consider the evidence of the plaintiff for himself as to his state of feelings- being evicted from the train in the presence of passengers. You will also consider the testimony of plaintiff and of Henkel as +o the circumstances under which they were evicted from the train, as to the rude manner in which it was done, as bearing upon the question as to whether or not the plaintiff is entitled to recover punitive danages. Vou will consider the evidence of defendant's witness Lowe that there was no rudeness through any expression or conduct toward the plaintiff as bearing upon this question = plaintiff's Gaim of punitive damages. of these issues. The burden is upon the plaintiff in respect to + both of these issues. It is essential to the finding either one of the issues in his favor that the jury must be satisfied by the preponder- ance of the evidence. The rule is just this- teat for punitive damages~ that if 4+ was done- that iff plaintiff was put off in a rude manner, if it was done wantonly without regard to the man's feelings; if it was done in an insulting manner- so if you Should find that, you may award pymitive damages. Fe ys at be entitled to punitive damages unless he did it in such a way, that he had utter disregard for the Re of the other, for the feelings of the party- the plaintiff. ik Paiebibar the evidence upon that. v\ oT , There was a verdict for the plaintiff. The defendant moved to sat aside the verdict, assigning as reasons therefor errors committed by the Court, in giving plaintiff's special instructions xo. Sh No. 6, of and the Court's Special Inatructions as set forth in the raoorde ‘ahd in refusing to give that portion of Special Inetrue tion No. 2 of the defendant enclosed within the brackets, and that portion of Special Instructions included within the brackets of Special Instructions No, 4, and also because of the expression of x opinion in His Honor's chargayjand the failure of His Honor to cor- rectly state the law as to ae wovhd properly entitle the plaintiff :- th punitive damages dvo q ‘Motion denied, defendant excepted. Motion for a new triel because of the errors of the Court ahove enumerated without specifi- ecately naming them here again. Motion over-ruled, defendant excepts. Appeal to the Supreme Court. Notice of appeal waived in open Court. Appeal bond fixed in the sim of $50.00 and adjudged sufficient. Thirty days allowed defendant to serve case on appeal and thirty days thereafter allowed the plaintiff to file exceptions or serve counter Case, Case of defendant tendered to the plaintiff as a proper case for the Supreme Court. OIF 2 Attorney for Defendant. We hereby accept service of the within case, Attorneys for Plaintiff. + Ey Sst fain PRE iy ee gam Pian APR mg HP ‘ LEER ERAT aS 2 ys North Caroline, tn the “uperior Court, tredell County, November #erm, 1904. a. &. Fuip, Yxeeptions of the -laintiff, ef -~VB- Appeliee, to the ~efend- The Sonthern Kailway Company, ant, oppellant's, Case on Appeal. ‘iret:- The plaintiff excepts to the evidence of J. A. Fulp, as stated in the defendant's case on appeal, end especially to the question therein se‘ forth, which is, erroneous, end herein sets forth the evidence of J. A. Fulp, and the exceptions thereto, as it «rppears of record, as fol- lows: Fulp, plsintif?, being duly sworn, testified the pisintiff; 4 live in oTetesville; On van, 26, 1993, I went from Statesville to Hickory; Got there some- thine efter 12 o'clock; I don't know the sohedule of the train comine from Hickory to Statesville in the after noon, but due in Ststeeville something after 7 o'clock; Left Hickory something nfter 6; G. ¥. Henkel went to Hickory with me; I went to the depot 1-2 hour before th: in zot there; Soon after I got to the depot | was joined by ur. Henkel and Ar. burns. . State whet passed betwee 1 and «fr, Henkel and the «~gent of the depot there? Objection. : Yhet inetructions did you give «wr. ilenkel sbout a ticket? Defendant objects; sustained. Wheat effort 414 you mske towserds getting « ticket? A.I went to the tioket window in ten minutes sfter I got there; So one there; | went agein and the arent was working with hie telegreph instrument; I asked him for2 ticket to ; f zo. a? Statesville; He was busy and paid no attention; (bout thet time fe lus 2 TM a OMe ey RCE ER some wile stepped up and talked ‘a he; Mr. Henkel and Mr, Burns game in and + told Mr. Henkel to go and get the tickets; Mr. Henkel went and called for the tickets but did not get them; Mr. Henkel remained there until about the time the train blew; In the suepente Of the agent; Near the window; Mr. Henkel said He has not given me them tickets yet; I. went and asked for tickets; Agent said we did not have time to get the tickets and get in the train; It had blown and by this time the train had rolled up; I told Mr. Henkel I was bound to go home; My wife was sick; I said to Henkel it would cost 25¢ more, but that we would get it back at Statesville; I knew they would refund it;I don't know whether Mr. Burns heard it or not; I don’t know whether he called for tick- ets any more; We went out and got on the rear end of the second glass coach; It was crowded and we could not find any place to sit down; We then went into the "Jim Crew" car, or negro apartment, and sat down; Mr. Henkel wanted to smoke; He sat on the end of a seat making a cigarette, and 1 head just sat down; The train ran about a mile before we saw the conductor; Capt. Lowé was the con- ductor; He came in the car from the baggage car and said "Tickets, here"; His voice was insulting right at the time; Loud and harsh the very first word I heard him speak; Mr. Henkel said Capt. we have not got any tickets; they would not sell us any; Capt. Lowe eaid that was none of his business, Why not? Henkel said the Agent did not have time to sell us any; Capt. Lowe asked where we were going; Mr. Henkel said to Statesville; Capt. Lowe said he did not have time to fool with us; Capt. pulled out hie book and said £1.15 to Statesville; This was 257, additional to the reguler fare; I knew this before ~ got on the train; Mr. Henkel got out his money; Something was said about change; Mr. Henkel had $1.20; One silver dollar and 2 10¢ pieces; I had the exact change; I got out $1.16, walked up to the conductor and spread it out in my hand; Henkel asked me if I had @ nickel in change; + said No; I had $1.16; The conductor 414 not ask me for money or & ticket except when he came in the car; I offered him the money and he gaid "Get out, Get out; I ahat got time to fool with you"; Henkel started to the ofie Pee ee os A nif } " a ie Bs Dae door, and the conductor put his hands behind me, but not on me, and said "Get out, Get out”; The conductor saw the money in my hand; I had it ready for him to take it; I walked out with the money in my hand; I said "Captain, l am going down out of this train pee ey oe i han and + wi ve ee you later? ; Se ie 0 : pth are ae Ca tain as 9-keer . ? Tee Peep asp ton AD got dowt and a age to gekry and stayed until the next morning; T . felt b t I t e; a eli ted, et fel SUEY, fr tet Lf jj ibis gw small over it, and was never treated that way before or since; I y mean that he had treated me sorter inhuman; sorter doggish; I don't know how to express it; 1 was expected home that night but did not return until the next day; I had told my wife + would re- turn that night. Cross-examination. Captain Lowe did not say a word to me only "Get out"; I said nothing until I went down the steps; He put his hand behind me like he was going to push me; He hollered out "Tickets" to me and “enkel; Some one else in that car asleep; He came to us both and addressed us; Conductors always call out "Tickets", but in a milder tone; I had the money to pay my fare; The conductor 4ia not say a word to me, Henkel did the talking. -2- The plaintiff excepts to the failure of the defend- ant to state the evidence of Mr. Burns, which is as follows: I saw Mr. Fulp on the 25 of Jan, 1903, in Hickory; Saw him at the station 10 or 15 minutes before the trein was due; Henkel and + went in the depot; Fulp told Henkel to get the ticketsp Henkel went to the ticket window but ~ did not hear anything said nor 414 + see the agent; I did not see Mr. Fulp at the window; I saw Mr. Fulp have a couple cf dollars that day. -S- The plaintiff excepts to the failure of the defend- ant to etate thet there was evidence of the good character of both the pleintiff end withess Henkel. wSe | -4- aad that the defendant's case on appeal, page 7, quotes the Court in his charge as having said: "This is en action brought by the plaintiff for wrongfully evicting him from the cars"; there being no such expression on the part of the Court, as ap- pears from our stenenverher notes. -5- The plaintiff excepts to the Charge of she: Seas: es set forth in the defendant's case on appeal, and submits that the following is an accurate stenographic report of his Honor's Charge, to wit: © (Recapitulation of the Judge's Notes of the Evi- dence by the Court.) Now, gentlemen, that is the testimony, and | am giving you the law for your guidance. You are to apply this to the facts in the case. (Here the Court read the Special Instructions of the Plaintiff and the Defendant, and also some Special Instructions by the Court.) Upon the first issue, gentlemen, the Court instructs you to consider in favor of the plaintiff the testimony of the plaintiff himself, who testified that he had the $1.15, the price of the train fare from Hickory to Statesville, and that he offer- ed to pay the same to the conductor before he was evicted from the car, and that the conductor refused to accept the same. You will consider elso the evidence of the witness Henkel upon this issue. He testifies substantially to the same state of facts that the plaintiff did, and you will consider for them , or for the plein- tiff, the evidence as to the good character of himself and of Henkel. For the defendant upon this issue you will consider the testimony of the Conductor Lowe, who testified that the plein- tiff offered to pay 90¢, the price of a ticket from Hickory to Statesville, but refused to pay the 25¢, the charge to a passenger who did not have a ticket, and that he stopped the train and asked obe ; i ; & * the plaintiff to get off because the plaintiff would not pay the . 25¢, and that the plaintiff got off at his request after the train was stopped, without any violence being used on his part, and without his touching the pleintiff. Upon the second issue you will consider upon the ‘question of actual damages the testimony of the same witnesses for the pleintiff as to the distance the train stopped from Hickory, and the necessity of walking back there, and spending the night and having to remain until the next train coming to Statesville, which was the next day between 10 and 11 o'clock. You will also consider the evidence of the plain- tiff himself as to his state of feeling upon being evicted from the train in the presence of the passengers. You will consider the testimony of the pleintiff and of Henkel as to the circumstances under which they were evicted from the train; as to the rude man- ner in which it was done, as bearing upon the question as to wheth- er or not the plsintiff is entitled to recover punitive damages; and you will consider the evidence of the witness Lowe for the defendant that there was no rudeness either in expression or his conduct to wards the plaintiff, as bearing upon this question and the plaintiff's cleime for punitive damages, and you will consider all the other evidence in this case upon both of these issues. The burden is upon the plaintiff in respect of both of these issues, and it is essential to the finding of any essential fact in his favor, er it is essential to the finding of either one of these issues in his favor, that the jury must be satisfied therecf by the preponderance of the evidence. Take the case, gentlemen. on > hit ot peniay tt tacts Corict einste” 2rnirit dmct ait wa’ Further instructions by the Court, at the request Cnet, of-the--Serk, upon the question o unitive damages:- << thn The rule is juet this—thet punitive damages--thes, — V 4f it wae dones«-that if he was put off in e rude menner, and if it waé done wantonly end without regard to the man's feelings, snd if JO it wae done in an insulting manuer--s#e if you should find treat, and you may award punitive damages. He would not be entitled to Tha Cruelty. punitive damages unless you should find that he did it in such a way as to show that he had an utter disregard for the feelings-ef— the-oether-~-for the feelings—of—the party--of the plaintiff. You remember the evidence upon that. Tendered by way of #xceptions to the Defendant's Case on Appeal by the plaintiff through his Attorneys, / 4, Ke. Eth / / ~f 7 ff Mn. ‘J wy HAL -pyliyp?t hit foo i“ ¥ je ted JZ bee) fn<€_re b / LAaTHe hee: per PnOn. y 4 ch te GC 4k LbeVhece bol bia 0 ‘ AAA tie < Ph J e Pv ere ah er’ , 4 AN , i. a - hae Lhe erg 44U€ CCL t A port 6-~ hwy F7 =<. f LC —,, 44S { , ~ ee hid * # “Sf 4Ae Atv t.. 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