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HomeMy WebLinkAboutRailroad Records 1905Iredell County Railroad Records 1905-1907 C.R.054.925.7 i for sale by Brady, The. printer, Soeapvitio, 1 oe 6-31-'02-2000. ... Township. . County. Defendant... , | Justice of the Peace. The State of North Caroling, To any Constable or other Lawful Officer of <7.7¢ Ie Sate County—GREETING : ware Bereby Com to 5 CP anghe it * to appear before me at my office in a. Township, County of L- a Sec on the / & day of 2... at me } , Li JH re {4 g AP’ clock, @&_m., to ansWer ‘to complaint of for the non-payment inh 7 “Dollars ‘ and Fhe —G cents, and interest on $ from until r | Af by heel. Qacbnacde runt dh: by said $lainti , and for costs. { Herein fail not, and of this Summons make due return. - a® This /e day of 190. 2 @ .¢-- MFR ata’ Justice of the Peace. ' es } 7 ‘ ~ wns ” ' rt ¢?% #. * ’ 7 viet v A * % > > 7 wo om 4° 7 * INVON3I30 4O+ ee ‘4 ~-- opr\h County. I Clerk of the Superior Court of said County, do heteby certify that , the person who subscribed the foregoing Summons, at the date therein.ynentioned, to-wit: on the day of eden Np- . is a Justice of the Peace in said County ; and that I am acquainted with the handwriting tf theisnid 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 ae 190 ~~? = Clask Syperior Court. ns.—Printed and for sale by Brady, The Printer, Statesville, N. C. 6-21-’02-2000. tlle, pea Township. . County. Defendant... The State of North Carolina, To any Constable or other Lawful Officer of _._/— oe yn te Commanded to Summon to appear betes me at my office in Ody Township, County of Gx ME eoletk- on the day of 190,/74., at of K Wanna J/ ——..0’clock, @ m., to answer to complaint of : . Arnserrytliat for the non-payment of Hasadsaar. Dollars yok’ and cents, and interest on $/ from larch Ax LGOL until 4 , due ryfaslearr to Ahive. Gord vnc demanded by said hoa , and for costs. Herein fail not, and of this Sus#fmons make due return. This AZ £.., of i so Justice of the Peace. : INVONAIAG YO4 SNOMWNS : J4LINIVId 4O4 SNOWWNS - a 9 & -. c a a County. I 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 190 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 190 Clerk Superior Court. trate’s mmons.—Printed and for saleby Brady, The Printer, Statesville, N. C. 6-21-’02-2000. Atig Wahine Township. . County. The Atate of North Cetalina, To any Constable or other Lawful Officer of... Ne ee : are wee Y Ces i ee 4 to appear before me at my office in - se ha: Township, County of an = it~— on the oa day cs tan 190 7 ,at /d o'clock, “-m., to answer to complaint of Sd. nae tw FE aA for the non-payment of Bi ace Dollars yG and. 5 = ia cents, and interest on $ // aitten from 2 ys 190 ie ont fr-x ; oT ey dlirww 4! pee ee due by ~ and demanded by said plaintiff , and for costs. Herein fail not, a of this Summons make due return. This 2% 4 of yri —f 190 3 C) Justice of the Peace. * INVON3I30 4YO4 SNOWWNS ‘ 4ALLNIVId 40d SNOWWAS pansas = 2 & -. ¢ & a County. I 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 190 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 190 Clerk Superior Court. ate’s Summoge.—Prjnted and for sale by Brady, The Printer, Statesville, N. C. 6-21-'02-2000. fp ip AAMIVY din... Fone. cernueee, LOWnShip. a Ndi. ou are Dereby Commanded to Summon. tte LG C& L Ga : ’ * to appear before me at myVéffice in liavitle , Township, County of . He i Arlt on the g day of ie Bee ae , at ‘ Af #0’clock,@L m., to answer to complaint of gi: VYWorriscatpslcort for the non-payment of San : Dollars . . oe and cents, and interest on $/@.—— ee | . from JA LGO0 so pee / due by, ( nd demanded by said plaintiff... and for costs. Herein fail not, and of this Sumfmons make due return. This 4G Bary of od ct Justice of the Peace. J * INVONSIAG ¥O4 SNOWANS t 4JLINIVId YO4 SNOWWNS i? 17 “ pansas “was oH LF hong rem -_ { 061 Z 061 ‘ County. SKE 2 I 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 190 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 190 Clerk Superior Court. Defendant... | Justice of the Peace. Fhe Atate of North Covatina, To any Constable or other Lawful Officer of... iad CA.“ County—GREETING : Wou OD ac Commanded Xt : a urn Township, County of aX to appear before me at my office in J — ea on the o> day of fame 190 2 at 7¢ ° / o'clock, 4am., to answer to complaint of : f. / ) Cte, te VoOa— for the nofi-payment of Lid dng LZ, Dollars of — and haan cents, and interest on $ - G F 4 ~ from nn ce 2 —_ ( 79 oe until + ar x fp ‘ Cues . ¢ : gcd ¥ MH Anat due by doit aaer...29 Ahn 4 and demanded by said plaintiff... and for costs. Herein fail not, and of this Summons make due return. This. 2 3 day of / ( 7 1903 2K Justice of the Peace. SAMA DEAD AE St RET SRR St & * INVGNS430 404 SNOWWNS * SALLNIVId 4O4 SNOWWNS WA ; : Coupty. I 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 Igo 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 190 Clerk Superior Court. 6-21-'02-2000. Township. . County. ~ - Wou are Dereby Commanded to ce to appear Before me at my office in akaville Township, County of rae A Arete Lh on the \g— day of AALa4£. 19AF 4 10 ea tO) a: to answer to complaint of KH Ulereiana drut for the non-payment of the fin. Dollars gt and ( Js) (ti cents, and interest on $4/ ge from Ponce pod due by hou demanded by nid Pp sap ih , and for costs. Herein fail not, and of this ae ons make a return. This AG day of aie Stne Justice of the Peace. * INVGNSI30 404 SNOWWNS * SALLNIVId YO4 SNOWWNS = *] 2 S a =. Sc a ~ County. I 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 190 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 190 Clerk Superior Court. Wou are He Wetedy Commanded to ah ae LAA to appear before me at office in : tite. Township, County of = rool Prelkethr on the 4 = day of 4a. , at QO pore o'clock m., to answer to complaint of A QAM vibe - ‘ for the non-payment of CMtrark Dollars 46 and thcrs cents, and interest on $ G nie. ‘ Ke i from 5 LL OL until 40 Deer due npaituasladelioe Procte and demanded by said plaintiff... and for costs. Herein fail not, and of this Summons make due return. This L2G day of.. Ae Justice of the Peace. _ * INVONS43A0 4O4 SNOWWNS * 4SLLNIVId YO4A SNOWWNS “panieoey a : au . ,County. I 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 190 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 190 Clerk Superior Court. e aad Commissidt to Take Deposition. —Printed and for sale aby Brady, The Printer, Statesville, N. C. « NOR TFH/C ROLINA,) te ts Sidbe “Cae dt tA<...... COUNTY. / er / STATE OF NORTH CAROLINA, To Ors lic ¥ Y, hf o/ GREETING: ef "fe special trust and confidence in your integrity, do authorize and empower you to causes/ vy to appear before you at such time and .place as you may appoint, and Je to examine touching all such matters and things ’ , Al shall know of concerning a ce rtain | matter of controversy in ons. Sapearer Court CL. Me LP x, % cs adecalig tet pending, wherein a Vd SOE. LOL, YOne plaintiff ¢ the County of ond Pe ~~ a |x» “eee Co a And the deposition in writing, by you so taken, the same to transmit, : ee with your seal, to,our Superior Court, eestor said sia aoe thry-vf ee . . be iA IG —ml341,) , Clerk of said Court, at office of CE 1 ~ henry County [Pa zs 1g0 uf eo f / Fa, ‘ f : * UA KAAL tttiJZZ Clerk Superior Court. @ «ev , » * bl 6 » e ) e = ‘ e Nor*h Carolina In J. P. Burke's Court, J. Pe Tradekl County J, K. Morrison, Wm Morrison and Rugene Morrison, partners tradin G ’ under the firm name and stzle of NOTICE. J. M. Marrigeon & Sons, Agninst et i ne BR RE ae AER NE, MN a Sonthern xpress Company. » To Southern Express Company, Defendant. Tako notieca that on the Sth day of Max 1904 in the offica of Brnant C. Thompson in the City of Washington, De C., the undersigned will takerthe depositions of fT. H, Wallerstoin and 7. FR. Carter and others to be read in evidanas for +he plaintiffs in the above antitldd aation, which is now pend- ing in fia Cours of J. P. Burke, J. Pe, in Iredell County, State of North Sarolina, wherein +ho plaintiffs demand Judgment ageinas. ihe defendan® Por the savor s-L% a ae The hour of tuking, @ehd fr dapositions wit ha 2 Otaloax P. VY. of RAId Gay, or an AOON thera- after as anita the conveniance of tha cormissnioncer ahove namad, Tae CC. C ‘ldwel ] and Marry P. Grier. Attorneys for Plaintiffs. a 2 et Received, Charl LS ; Sok . \ Served by veading the withinian ' \. the within ie bose 6 \ 4B ig 7 hb AMerrey ta y ( ONAL Sold for M==- ce Vim — Lip TS ae | Sram cooxens tp Sey 7 . _ WINTER © CHICKENS pucks ny vas * @EESE ROOSTERS, om 7 TURKEYS . | | case Eees FREIGHT, | 47329 “| EMPTIES RETURNED, /L4e CARTAGE, | | COMMISSION, 5 PER CENT, Pee | A AF ¢ | CHECK, 6S. 2 O ' ti | t SS rs SIRS: Enclosed please find check and account sales for merchandise recetved JUL--2S-1063 Trusting same will prove satisfactory. Hoping to hear from you ageln, | remain respectfully, 1. H. WALLERSTEIN. NATIONAL BANK. . ALWAYS SEND INVOICE BY MAIL _ WALLERSTEIN ailnncat MERCHANT Ill Sold for M27 —— = Tia 7 “” SPRING CHICKENS MfpS “ @ | } pean pee enna nena lilies “WINTER CHICKENS wes "GEESE |“ ROOSTERS, (Ol) + TURKEYS . | CASE Eaes Oe: stctoc FREIGHT, | EMPTIES RETURNED, " GARTAGE, | COMMISSION, 5 PER CENT, CHECK, = Fa ren an — = SIRS: Enclosed please find check and account sales for merchandise received idebihVesdeddestseba. Trusting same will prove satisfactory. Hoping to hear from you again, I remain respectfully, /. H. WALLERSTEIN. BLA NATIONAL BANK. e i ALWAYS SEND INVOICE BY MAIL H. WALELERSTEIN * COMMISSION MERCHANT 17-939 Vaden "Aiae Sold for M477. seg | COOP HENS. . “SPRING CHICKENS WINTER CHICKEKS * NU “GEESE "ROOSTERS, (01) ‘TURKEYS . | CASE E088 FREIGHT, | EMPTIES. RETURNED, es FEL i ih | /f Y SIRS: Enclosed please find check and account sales for merchandise received Trusting same will prove satisfactory. Hoping to hear from you | remain respectfully, /. H. WALLERSTEIN. NATIONAL BANK.» ALWAYS SEND INVOICE BY Are H. WALLERSTEIN COMMISSION MERCHANT 917-919 touliina Avenue JUL 18 1903 TON, D. C., bats lebiedotan : Fi: oe sak age wets Peteegeene MMi at se Po dea Pe 42 on pee “SPRING CHICKENS / Za: @ 7 “WINTER CHICKENS ee ; Ducks Fo Sag: PP ‘GEESE * ROOSTERS, (0id) ; . T. 3S * TURKEYS . Yo | a oe ad Cttst | mel AA ie Jed ow + _ | EMPTIES RETURNED, | CARTARE, _ COMMISSION, 5 PER CENT, —¢— | SARS: | Enclosed please find check and account sales for merchandise received Trusting same will prove satisfactory. Hoping to hear from you | remain respectfully, 1. H. WALLERSTEIN. City of Washington, District of Columbia, Je K, Morrison, Wm, Morrison and Eugene Morrison trading and doing business under the firm neme and style of J, K, Morrison & Sons ° : VB Southern Express Company, Pursuant to the annexed commission to me directed, I, Ernest G, Thompson, Commissioner, under the authority thereof, on the ‘\ ) day ot May, 1904 at my Office in the city of Washing- ton in I « PG Lalit Reel of Columbi who first being duly sworn to speak the truth between the said plaintiffs and defendant deposes and says: INTERROGATORIES PROPOUNDED ftv ISAAC H, WALLERSTEIN, lst What is your name? Ans Isaac H, Wallerstein, 917 Louisiana Avenue, 24 Please look at the folléwing statements hended you and state in whose hand writing they are and whether or not they are correct, and show the consignment of goods by J. K, Morriosn & Sons of Statesville, North Carolina to you and the condition of each consignment, The papers are in my own hand writing, are correct as to the number of coops and number of dead in each shipment, The statement of Mr, I, H, Wallerstein is here offered in evidence and marked Exhibit "G" GROSS EXAMINABION BY M, J, COLBERT COUNSEL FOR DEFENDANT ist Mr, Wallerstein, these accéunt of sales are dated July 23d, 1903; June 13th, same year; June ilth, same year} July 18th, same year, When did you receive these chick- ens? You will find them noted om the bottom of these commnica- tions, De you know anything about the condition of these chickens when they arrived other than to be gathered from the econ~ tents of these papers? That's all, For instance take the shipment of July 23d, how many dead chickens in that: shipment? I can only tell by referring to my record, I get so many How many shipments do you get a day? Should say about 20, So it is impossible for you’ to keep run of these things in your memory? ele que Ans Yes sir, . 3 : 6th I see in one of these “shipments you got eleven roosters, What do you mean by onedead keat? I dead guinea keat, bettatn form of a fowls You know nothing then dout the condition of the coops when they got here? Coops were in good condition, apparently, outwardly. All that ‘you know thé*¢Hickens were dead when they got here? Yes sir, they were dead all sate < What was the condition of the weather last summer? Last summer? Hot or cool? According to my recollection, last summer was umusually cool The condition of the weather on any particular dey you can't say now? I cannot, no sir, If af, ; 4 oP And further deponent saith at AL Jt a e A AY “ 5 Ne “ ‘P-L BGA 2 a Lemire o , , & Vibe “A ptt se J ra a“ / \ “ “os i ‘- . DX Malling: inv The foregoing deposition of and Se me at time and place mentioned above, me day 0 7 190 ZB sig F, 88 ° Magistrate’s Summons.—Printed and for sale by Brady, The Printer, 6-21-’02-2000. Township. Ree County. The State of North’Carclina, “ To any Constable or other Lawful Officer of Wou are Dereby Commanded to Summon to appegr before me at my office in Medi Township, County of 190.2/_, at ey on the / day of Var 3: Je orlock, m., to gnswer to complaint a ill fore m fre G .. . ac for the non-payment of td Ollars and cents, and interest on § fs from Yor a /o¥ until Yn 4% {Fes due by Gad - ILS pe demanded by said plaintiff.3.., and for costs. Herein fail not, and of this Summons make due return. This / 6 day of 190 et Phe aT — hy: Justice of the Peace. * INVGNS430 4O4 SNOWWNS * JALLNIVId YO4 SNOWWNS i by d & = = a — | ' ‘SNOWWNS County. I 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 190 is a Justice of the Peace in said County; and that I am acquainted with the handwriting of the said m 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 190 Clerk Superior Court. Railroad Records 1905 SUMMONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N.C. Sore eo County.--9n the Superior Court. /) ) AGAINST SUMMONS FOR RELIEF. seeeeeeeaereseareenereasenerewwesreeeneeeraneeacseernnes seen eenernseweserenres ss cecesenesesceaeeneeeeee renee Atte test eeeeeeeeeeeee eee State of 7 Easothia. To the Sheriff of... eer Ge County—GREETING : bereby Commanded to Summon __./ V- aed '8 4 Ne 6 the Defendant... above named, co : are your County, to be and appear before of our Superior Court, at be held for the County of - _ at the Court House in _.\\Ca4 wrth on the i anding efter he nin Maiscssingeisclenday CLL the same being the f- dey OF icles aa Reciencs Ler suite and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Suberior Court for said County, within the first three days of said Term, and let said Defendant... take notice iff... fail to answer to the said complaint within that time, the plaintiff’... will apply to the Court for the relief demanded in the Happ fast not, and of this summons make due return. Boh Given under my hand and seal of said Court, this LZ ‘i a 190. ~’ >» wt . STATE OF NORTH CAROLINA, In the Superior Court. COUNTY. . x ic ee pcatubtmebcawaelt syonease : hi teowid Rei dniaan .« We acknowledge ourseloes bound unto...’ ra aa aon pe OEY ioe a hin? neal the Defendant in this action, in the sum of’ 020s. Aa Sek DAES RE At RS Dollars, to be. void, however, if the Maint 22 pera ea tn. kel pay the Defendant........ ail such cost as the Defend- ant... may. recover ofthe Plaintiff... in this action. Witness our hands andseals; this 2222.2. May Of, ic Ledger besincectenencterentnneetattens Ay De VO... . 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 - 196.. 190.4 1904 County. Term, 190 ¥ ah Milli rend : Atsersiy,? H OR RELIEF Z eee clanag. MES Mh. Fee Mileage, Amite Plaintj a of the Superior Court of Received A? Cf Served _/4 L477 S0MMO > + Ss Y ° QO NA <a : . 7 » ! é os ‘ : ’ 7 Se (adewm h.Bichiandin’ ae | Obwve teutirtlil CG Pa GR eit hit kk ae » ge ama Gv wey pneu o et eta tims bine: ork dL. Pepe either heft of sg SPI - Zee he ay. ib a.* hewh, Oban ky Leven | I a er chi Haphonis L ALgrnsced a, Caan Ae tamed a. Ch hk cai a Cie: site A boawwe ins eg cessa ah df. a/-4« /~ oxi he a ve Basia: Ke orate CtL4 « orttlt, o iy aa ia AL Carrels AL fr liga) Cn ey On oor 1m ote See Lo _,. hak Plu o Se (fox Yee wh by Crk barge « ¢ ee af exami me. RL DS cae <3 a a ao 2 SE as 7 North Carolina,, Superior Court, Iredell County, November Term,, 1904. George Dulin, Plaintiff, sa COUPLAND. Southern Railway Company, Defendant.. fhe plaintiff complains and alleges:- First:— That he is a citizen and resident of States- ville, Iredell County, ‘North CaSolina; that the Ae tuculieast is a cor- poration duly organized by law, and is engaged in the business of a comman earrier of freights and passengers for hire over its lines of railway extending from Statesville, N. C., to Goldse- poro,.N. C., and to other places in said State, and was at the time hereinafter mentioned so engaged as a cariier of freights and passengers between Statesville and Goldsboro aforesaid. Second:- That on or about the Gay of August, 1904, the plaintiff, George Dulin, Was employed by Gen. Jos. F. Arm- field to care for his horse while the same Was being transported from Statesville, N. C., to Morehead City, N. C., the said horse to be uged by Gen. Armfield at the annual encampment of the North Carolina National Guard at said last mentioned place; that in order to properly care for said horse it was necessary for the plaintiff to ride upon defendant's freight train and in the car wherein said horse was being transported: all of which was as- *‘ gented to by the agent of the defendant company. That gaid horse wag duly shipped over the defendant's railroad being placed in 4 car of the defendant at Statesville, N. C., anda bill of lading wag duly iggued by the defendant company and placed in the poss- ession of the plaintiff; that a railroad ticket was also pur-~ chased of the defendant for the plaintiff entitling the plaintiff to ride upon the defendant's traine; and the said plaintiff equipped with the bill of Yodiine and ticket aforesaid got in said fraight car where said horse had been placed;; and all of this was done with the knowledge and consent of the defendant. Third:— That the agent of the defendant at States- ville, instead of leaving the door of said car unfastenec so that the piaintifs could have easy egress and ingress thereto to feed nt water said horse and do other things to be done for the plaintiff's comfort, negligently and without proper care, fastened the gaid door so securely from the outside that the plaintiff could not get out of the car by gaid door, but was forced to climb out of a window at the end of said car wheneverit became necessary to water said horse, or for plaintiff to leave said car; that plaintiff did not learn this fact until after he had started on his unfortunate journey. Fourth:— That on the day said freight train had left Statesville with the car aforesaid, and after the same had reached a station, the name of which the plaintiff does not know, it be- came necessary for the plaintiff to water said horse, and in or- der for him to do so, it was necessary for the plaintiff to leave gaid car, and using the only way open to the Plaintiff, he took his bucket and undertook to climb out of the window of gaid car, while the train was stamding still at the station aforesaid; that it was borad day light, and plaintiff unsuspecting any injury or violence from the defendant or its ,omployees, made no attempt at concealment, but just as he had Gmp leg’ and a part of his body out of the car window, he was seized by a brakesman in the employ- ment of defendant, who, without giving the plaintiff 2 cuance to show his ticket or bill of lading, or giving him a chance to ex- plain why he was there, wilfuliu, wantonly, rudely and violently curged, beat and abused the plaintiff; that he jerked him violently by the leg, and struck, beat anc wounded him upon the head and body, with such vindictiveness and violence that plaintirfr’s hold upon the window broke and he fell prone to the ground across the rail of the track, thus further wounding and bruising his arm in oie a@ painful manner; that after the said brakesman had exhausted , his breath and strength by the violence of his assaults upon the plaintife, he deigned to listen to the plaintiff long enough to learn that plaintiff was a passenger on that train; that he was at a place where he had a right to be; that he, the brakesman, had committed an unprovoked assault and battery upon a passenger of defendant; then it was that his violence ceased and politeness began. That by the said unprovoked, wilful and Wanton as- gault and battery, and by the said abuse and cursing heaped upon the plaintiff by the defendant's agent, servant or employee, that plaintiff has suffered greatly in body and in mind; that his arm was badly hurt by said fall, and has not yet recovered; that the plaintiff was greatly humiliates and distressed, and by the wrongs and injuries aforesaid, has been greatly damaged, to wit: in the sum of Eighteen Hundred ($1800.00) Dollars. Wherefore, the plaintiff demands judgment against said defendant, the Southern Railway Company, for the eum of Eigntven Hundred ($1800.00) Dollars, damages, and the costs of this action. Attorneys for Plaintiff. George Dulin being duly sworn, Geposes anc says, that the foregoing complaint is true of his own knowledge, except those matters and things therein eteted upon information and belief, and these he belisves to be Lty : Soh Rakes jai Plaintifg. Sworn to and subscribed ap me this the - day of die ~] c shaianerewen Lannascewntan, 8. North Carolina In the Superior Court Iredell County November Term, 1904. George Dulin vs ANSWER. Southern Railway Corparnye he defendant answers the Complaint and sayst~ First. That tt is a corporation duly and originally created, or- ganized and existing under, and »y virtue of, the laws of the State of Virginia- was and is encaged in the transportation of freight and passengers. Scconde That the allegations contained in the second paragraph of the Complaint are not true as therein set forth and are denied. Third. hat the allegations of tne third paragraph of the Com= plaint are not true and are denied. Fourth. That the allegations of the fourth paragraph of the Com- plaint are not true and are denied. And for a further answor and defense to plaintiff's action defendant says: Pirst--- That the plaintiff was seen by an employee of the -defendant at a place where io bos steal rides- and when requested to get down, the plaintiff, in a rude abusive and insulting manner replied- "it is none of your business", and when again requested to get off the car advanced upon said employee in a threatening manner to assault said employee. Second=--- That plaintiff declined and refused to make known whether he was rightfully upon said train, and was at & place thereon where he -l- had no right to be, and it was the duty of the defendant to remove him from such place and having fully answered ,defendant asks that Attorney for oh erect W. B. Brown, being duly sworn says: that he is the lawful agent it go hence without day. of the defendant at Statesville, N. ©., that he has read the fore=- going Answer and that the said Answer is true as of his own knowledge, except as to matters and things stated therein upon information and belief, and as to those he believes it to be true, Sworn to and subscribed before me this the -=-"= day of <-<-----=- eee 1904. MN OR ewe: a / oe dh Pa id ak C1iia Naw = , fee | Ax _ /3 F komy Aen Aa iy te fs Walaa hc hou a. ced jf L. pute is thine, Grishin: “Cais te GQkf-el Via ee. PP z oR “Zh Cx rUreA if, (abe ges Nb Livery bf a5 A AH CROnNAAUO. CU uh te Cys dae the Ce Lith /rViA Dud he Z. th, Autlare ¢ aud, hi OnA of “i Ae tins 4 ke Coxe hy chy ERY Co ee ae ‘apm flo ae eng rey uta fle Ape tl tn. &: f ES é é f?. Fikag Ay Ono ie (Y- frusicteny. hn. aute Jeers LYffs Oy» Li Caltua oe 4. ALL sh jp the eae haces Vou sas | Chufea 7. C \ o wor wa ot a (Ey ~_<ste AN Railroad Records 1905 agigtrate’s Summons.—Prigted and for Sale by Brady, The Printer, Statesville, N.C. = 7-1I-99-IM Justice of the Peace. ~ Fhe State of orth C.ncf a, + J '. To any Constable or other Lawful Officer of) 8. © * AA County—GREETING: roe mine Won at Hereby Commanded to Summon to ap, A Ri meat my office in i County of Ta on the 2m fay = o’clock,.. %m., toffrswer to a aS Sor the non-payment v.......! Sonn! noel ttn iy — cents, and interest on $ J 9 ‘ - i Cy He wr & yo Cio ~~ too and demanded by said plaintif/..., and for costs. Justice of the Peace. until _—2 Herein fail not, and of this Symmons make due return. . This Ml day of LAP 1403 2 J 7 Sfeninns “eg : INVG wassdiialade SNOUWaAS dpa ' Clerk_of the Syperior Court of said County, do hereby certify that... ' eee tad Up fsoit iM’viibéeribed the foregoing Summons, at the date therein mentioned, to-wit: on the day of Reinet is a Justice of the Peace in said County; and that I am acquainted with the handwriting of the said and beliéve the name subscribed to sald Sunvhepe is his proper and genuine signature. SF ga . 7“ , ot foes In witness whereof I hereto set my hand and seal of my office, on this the mY da tg etn KS aa , \ ae \ Clerk uperior Cou. © ™ = chan Lif at i ° ‘Jo BS eon ae ‘Nrecitt. Be ati iD whe, ee bev lehon ine Meo otim hy the chifendanf, SB ate lea, fv Lafene srhymibc Lark isad letid, Ly fortannnsfit ot / Of tak, inlet fmt) futini, Hat 3 Lan RAE helen ee A anol hafore Ine ixrtaid t Lehn. Odi day bbb iro Qk tha Lireguatog ie plaintiff, Jb eS dd, Marnst O eae St dtdirtl Mee hrir avon hit Oya isnt whi Aeferanke, Leh iat ast, east Ws Keoetaearhin Lad ox rekiarn clase Hensal fitiremed bx fore ri Ofbier; Aud ak tha) Naeae tire ancl, ex hi partiss Opp hafta! tif, B., wares p xual is hate te L S:Bivene at Mein VA, Gud Abid Lo ts clef: uc dant de. tain Ma ilivrary Crscee ae alex ancdcens y ‘hse 7 Ua Lf. land : Joint atk igh offt the é Wo lf I Ey Atceoverhat Gruner Ker whe Cunddtici it, f G- re ech Zr ter alate ee fe ie o Ma ctsuae Poresfea-y had Lak I) ‘ 2 . ~ [AL RitardAsd AA PAA. FAA. i af at . f q 4 Rtk: partic offrred to. or uferr uber Uladweut de Grade taf Lica , 2? J) . Rud o t+ MLAAON 9 Ur proof Aud Aktegatiinees, Jf Nericteuw ractprrantincfover of ths fplaintiffy tin npasnsitil ifaidile Re 1h clay of dep S95, forteg ™ : SP ¢ ferthar tian’ Of H18! Laat hin bi Le Gales ts A ates Liitefy that Dae thr /h, “Lay M4 Rept 12 06, Mi A fauctau f rach se Charny ca Yoke . L OF feat ou WIL, Gch ah Ri. hawne , MS ce, VW ny fev df 7 (30 far make ‘yo UY. tULagrtt. ae y talk Lolad I hun, hyp ake soithsta pear aac alc fate de Oe. ‘Ak, XP Dur te J, Bea Ka Nl Cay of Apt 19-44 U a Ongar eT > 1p | Bp ra TE el ae : yeaa free yoy Ae i North Carolina Superior Court Tredell Comty Januar, Term, 1905. Planizgan Harness Co, v5 JUDGMENT, Southern Railway Compe zw eM Se I et iis casue coming on to he heard at this term of the Court, and it. appearing to the Court that parties plaintiff and defenaant have settled their differences for the sun of Thirty Dollars, (430,00). It is therefore, @onsidered, and adjudged by the Court that the plaintiffs recover the sum of Thirty Dollars, (#30,00), and cost of the action. Railroad Records 1905 SUMMONS FOR RELIEF—Judge.—Printed and for sale at Mascot Printing Co., Statesville, N. C. SS er er re ie ee ne a va rae eee ate ao oe $s 1 ln County.--In the Superior Ccurt. BO ee ee ee ee ee 8 EEE EE RR EO O c meiner SUMMONS FOR RELIEF. ee: wr Marhaaceun, pe Sia ig see detieieaiesiedie tied oneieaieiedede aaeadeeeededd ee ee State of North Carolina, i | To the Sheriff of - eee i County -GREETING : You are A Comm an fat—el <Sece ety ——- — oR Om mmm me tee ee: -—— the Defendant above named, if sa within your County, to be and appear before the Judge of our Superior Court, ata 7. to be held for the County of Qe her at the Court House in ; on the. ont ar th se Monday of _AZaceA initia the sama.bping the, 72 day of Phone and answer the complaint, a copy of which will be deposited in the office 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 . fait to answer to the said complaint within that time, the plaintif’...... will apply to the Court for the relief dema in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this PAA day of ao 190 ee Clerk Superior Court of cB, County. STATE OF eg CAROLINA, ) In the Superior Court. .....County. f aie to be void, however, if the all such cost as the Defend- in this action, in the sum of _. Aare Bh ee LETPIOAP a pipes ee shall pay the 5s Dapetiant y recover of the Plaintiff......in this action. the Defendant Plaintiff _. ant... Witness our hands and seals, this. _ day of _ as — A. D. 19 “LAL L- (Seal.) Kk (Seal.) _{Seal.) being sworn says he is worth the sum of two hundred dollars over kK and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of 1904 ¥ | | Rok bea bale 4 ! x 4S Y : aR he eg § s 8 PSK NS se 2 XY E *! x W\ + : =S o & ae 2. a3 Gs = S WY . & a; wv; PP hn * : L— ss . si & * NS 3 ~ w set Si Rit € e* | ¥as sf Dn > Y rQY yw v NS = x ‘ 2: R | = s ~ ¥ Wel s ‘ 4 > = ‘S 5 SSO HL di +g S SS ad = \™ A Eos 2° MSN eliS aes P27h t NASWSN LEIS SD <= +s Ss : SS y - mil i “SS “er eedinethlne North Carolina In the Superior Court Iredell County February Term, 1904. James Le Chambers vs COMPLAINT, The Southern Railway Company The plaintiff complaining alleges: -First- That at the time hereinafter mentioned and at the present time the defendant, the Southern Railway Company was, and is a corporatin created under the laws of the State of Virginia,conducting &hée busi- ness of a common carrier of freight and passengers for hire in the State of North Caroling,and operated and had control of for the pur- poses aforesaid, a certain Railroad known as the Asheville & Spar- tenburg Road leading from Biltmore to Spattenburg together with the tracks, cars, easements and appurtenances thereunto belonging. -Second- That at the time hereinafter mentioned the plaintiff was e regu- lar hand in the employment of the defendant, and working on the exe tra force, and his foreman was Mr. Thomas Jarrett, and he was under his orders, the said Jarrett having the right to employ all of his hands, to direct and control them and to discharge them at discre- tion, and plaintiff's duty was to assist in receiving and placing stecl rails in a gondola Goal car. -Third- That on the 8th of Septembcr 1903,whilst the plaintiff was in the employment of the defendant , and whilst he was performing labor under the orders of his foreman,and without any fault on the part of the plaintiff the defendant allowed anc permitted ifs ser- vants and employees to perform the work then and there assigned than , he hn 4% 80, carelossly,as to crush and mash the right foot of the plaintiff, whereby he received permanent injury. pare a ey * : . i e 4 re ; * tte * * > ‘ na oe % $<, A ‘ ia _ i _ : Ea r - ™ a ad 4 mK 4 : * rk bait ‘ i 5 7 ” z ey 1 ie ‘ A 4 ‘ KE 3 o " cs Es ; ' -—Fourth- That the negligence of the defendant causing the injury consists in this viz: That in about three miles of saluda Mountain on the line of the defendant's road, September 8,1903, this plaintiff with other hands was loading a Gondolar Coal Car with steel rails of great weight, the floor and bottom of which was hopper shape, and plaintiff's foreman directed him and five other men to receive and place said rails in said car, a force being upon the ¢round whose business it was to deliver said rails to the hands in the car, Said car was made for a coal car and was not on account of its shape a safe and suitable car for plaintiff to work in, while engaged in placing said steel rails Omeee@ecr+-04...4ecm>ere . This plaintiff having been assigned this work was faithfully performing his duty, and whilst so doing, the force upon the ground, the foreman being present and directing it, carelessly, negligently and recklessly pushed and shoved said rails into said ill constructed car with such force, as that this plaintiff with the other hands in said car, were unable to get hold of said rail securely, and whilst attempting to do so, said steel rail weighing 1000 to 1200 pounds fell on plain- tiff's right foot, crushing, mashing and inflicting on him great in jury. The said foreman was there and had control of the hands- had charge of all the hands connected with seid train and control of them, and was in all respects the vice-principal of the company. -Fifth- That at the time of his injury the plaintiff was an experienced hand and had been in the employment of the railroad from time to time for about 14 years; that he was then receiving for his services the sum of $18.20 per month, that up to that time he had been a stot man and able to perform hard labor; that his foot was so badly crudh ed and mashed that for two months he was unable to perform any work suffering greatly a greater portion of the time. That he has suffer- ed and still continues to suffer great bodily pain besides the an- ' guish of mind on account of his being rendered unfit and unable ta perform those labors necessary to obtain a livlihood whereby he has been endamaged in the sum of One Thousand Dollars. afin : Wherefore he demands judgment of the defendant in the sum of One Thousand Dollars and the costs of this action and for such other and further relief as in law he mey be entitled to. oe LD ah hi pty tty for aint e Je le Chambers being duly sworn says the foresoing Complaint is true of his own knowledge, except as to those matters therein stated on information and belief and as to those he believes it to be true. this the ---------- day of Feb. 1908 eX. rs Ve. 26 Pek bygs ¥ SLAM LEE rCrOuw.., Js L. Chambers : Vs Southern Railway Company Sa Sr 2s ee x Varlerter COMPLAINT. Cae North Carolina Superior Court Iredell County February Term 1904. Jas. Le Chambers vs Southern Railway Co. The defendant Answers the Complaint and says: -First- That it is a corporation duly and originally created, organized and existing under and by virtue of the laws of the State of Vir- ginia, and was at the time alleged. -Second- That the allegations contained in the second paragraph of the Complaint are not true and are denicd. -Third- That the allecations contained in the third paragraph of .the Complaint -are not true and are denied. -Fourth- That the allegations contained in the fourth paragraph of the Complaint are not true and are denicd. -Fifth- That the allegations contained in the fifth paragraph of the Complaint are not true and are denied. and for a further answer and defense to plaintiff's action, de- fendant says: -Pirst- That the plaintiff contributed to whatever injury he received, by his own carelessness and negligence in not stepping out of the way, when he and his co-employees dropped the rail, but carelessly and negligently remained in place where he knew the rail was likely meee o: : zo : -l- 4 apg de % + ; ee ay me eh <2 es ie we Sk ai Ft ae % a likely to strike his foot. -Second= That plaintiff was guilty of contributory negligence in not getting out of the way of the rail as other employees did, when the rail was dropped - in not turning loose the rail at the proper time, and in placing himself in such position where he was likely to be striken by the rails And having fully answered, defendant asks that it go hence without day and wecover its costs in e. behalf expended. ok obecc Ze ty for Defendant, ae FS (3 [bo ore. being duly sworn says, that he is the agent of the defendant at Statesville, N. C., that he has read the Answer above, and that the same is true as of his own knowledge ex- cept as to matters and things stated therein upon information and belief and as to those matters, he believes it to be true. Sworn to and subscribed before me this the spin day of March 1904/ MM Cie. S North Carolina In the Superior Court January Term, 1900. v . Iredell County ve lee Chambers 7H JUDCMEN. Southern Railway Compeny. This case coming on to be heard at this term of the Court before His Honor, Henry R. Bryan, and it appearing to the : ‘ i i oe Court that said case has veen settled for(#125,00), One Hundred and Twenty Five Dollars. ; : +2 , > + Ya nn 4 ~ * + T+ is therefore, considered and adgudged by the Court that Fives Dollars and the ’ the plaintiff recover One Hundred and Twenty wet a \ Ju cost of she action. a Civil Subpoena,.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04 pease ss . 6 STATE OF NORTH wn To THE SHERIFF OF fle are Dereby Commanded to Summon... oe bantert a, personally to appear beforé the Judge of Superior Court, at the next Court to be held for our said county at the Court House in Aba owing ; on the... wp Monsig Ay the < Monday in.. Paccee chk next, then and there to testify and the truth to say in behalf of fp hain BEG ina certain controversy eee ing,.and then and there to be tried, wherein... Plaintiff... : OO ae mi Sf n = Caucele Defendent..... And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office in Monday the "aii, Monday in CL Superior Court fo ECE. County. __SUBPOENA--Civi, e Melt thou