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HomeMy WebLinkAboutRailroad Records 1907 1907 SUMIIONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-’011M idbelh County.--9n the Superior Court. State of North Carolina, To the Sheriff of Cl Dou are Hereby Commanded fo Summon wy pelea cee tntnegeianndscce da seceneeenue Spent the Defendant... above named, if “ES _— Court, at a Court fo be held for the County of 41 { on. the ...... Jie oan OWLS EGO TINE acess 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 tA hess fail to answer to the said complaint within that time, the plaintif.......... will apply to the Court for the relief demanded in the complaint. . Hereof fail not, and of this summons make due return. Given under my hand and seal of said cote, this ....... 1h. coenoes day of i Pence secereceecaeeion 100 co Kelde. g . Clerk of Superior Court County. STATE OF NORTH CAROLINA, t In the Superior Court. pe erratic iene tree es COUNTY. aS \ AGAINST. BOND. We acknowledge ourselves bound wntto ...........-.-..-2scsccceecsoeescee-seessesvesssvecsonestoeessneessuesssnesssuesesuvestueeesatelvivesuvssunecesuuessenessuusseneessnsssnnesen the Defendant in this action, in the sum of LT . Dollars, to be void, however, if the PU AAG, ace ceceeeeceneeece nents vnntntnetctnetntieinsneesnnueineersiveBhal pay the Defendant........ all such cost as the Defend- ant........ may recover of the Plaintiff.......... in this action. Witness our hands and seals, this ....................: BOY Of, sina s.oneneecesnqsnssnscsnsensesecnecnshrineticndbeone A.D. 196... SA ee cs Ee aR Nese ag NSEC ads Kaeo ao Peed Panda ya eesaa tage ates ( Seal.) ae epee aes see ne ee pease eee essere seeers eens ( Seal.) a ose Sa cers aera a ss everrreoeaen eee es ennai goer ( Seal.) Se ee ee eee eee 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 ............. OOF oe se ere een vee 190.2... 5 : 4 6 z § : < © O £ e 2 & 5 3s 3 ? : E v & A : Bg 8 % 6 ao * 8 o Z ~ 6 O 4 ~ Poe aa a ae a er rnin cea aa A oe —s ea, c a ‘ : - \ rn ‘ ” / i Soest Shi| Aakm ite 25K May of Ofent 1706 athe [tant of wa & % a= Rates. ; G Le. se Keefer f Gh than teh eh Goce BE St ive hi, lo | | Voces ahrat Bo put bra paheut ee Kides aes eve iy. I-Tv a> ae, pec ae ey He ai of foe foe kt Ceti ton eT fe (Douce haJaws OQkewn a— cd Ken Prlohiff, orrers of le Keene (A aes ee A eek Lec Cree. O. notfurt Ckuatev A Jn the ora frsenarl Bhat Onsucl Kervafnd pak Le Kuthe G bo GB aac 2 atte hpind pale fone surf as ceforrm Ceres — - footy ce heh he Denes Ceacs Ae (ag LG Lin ai Fo nn te aus Ke Oar afin | le ea) Ke ce aie A ae ee ee ee a ee | ka ahh ae, Fees arent Laney Kn 2OEE 1A- LRaypn @ Cnn fog Foe hn ar 2 a ee Goa : Kuk Ke Aare aGfbrres Greece Aeke-+ Ae Ker aceceree Grtcre Xe Li fec <—* oa Brecves? | Pic type. hn Ge fl tet PONE [x bthives fe hoisrf Gorn G Ka Comm poortd SS SS RSS PRES a ee North Carolina In the Superior Court Iredell County July Term, 1906. Marshal Elliott I. vs Southern Railway Company The..deféndant answers the Complaint in this cause, and for Answer says: --First-- That it is a corporation duly and orféginally created, or- genized and existing under, ond by virtue of, the laws of the State of Virginia; that it owns and operates repair shops at Spencer, North carolina. -=5e@c ond=~ ‘ That the allegations contained in the second paragraph of the Complaint are not true und are denied. =-=—Third-- That the allegations contained in the third paragraph of the Complaint are not true and are denied. --Fourth-- That the allegations contained in the fourth paragreph of the Complaint are not true and are denied. --Fifth-- That the allegations contained in the fifth perceranh- oer the Complaint are not true and are denied. --Sixth-- That the allegations contained in the sixth paragraph of the Complaint are not true and are denied. And for a furth B05 and defense to plaintiff's cause of action, the defenda2: --First-- Thet the claintiff contributed to his-own injury, in attempting to lift the piece of iron , which he knew was too heavy to be Lliftedwand carried by the force at hand, or which he shculd w@& , fa py them. have known was too heavy to be --Second-= Yhat the plaintiff was guilty of contributory negli- ence in attempting to life the heavy iron and carry it with the force at hand, when he knew or should have known that the bar of iron was too heavy. And having fully answered, the defendant asks that it re- \ cover its cost in its behalf expended and go hence without day. S.C Cat Attorney for defendant. ing duly sworn de- awe ee poses and says; that he is the Local Agent of the defendant Company at Statesville, N. C., that the foregoing answer is true as of his own knowledge, except as to those matters and things stated therein upon information and belief, and as to those he believes it to be true. ape Se ee eae | ad ct OreuLe7 3 a f Safi [Ge | ecko FLtes (6 | BLE f elite lhe | Bd eh ar doey Ue ee G- ztuciuk the Cet, fe Lee fy ther CEI woke “La CELA Br o MWNen Lote o> epee me feet Bee A + eer, °F Be Buk, Mesoheee Cheer basis term bays poe Dy Gilt _L Dae Bastia fesse a 2 Oe f GF J. | ia Ghux - ies aper LEE . te a hee ee Pili hn. Ege, a fran, | | : elle agli fh, Cae “4 K - ae ee fos eke ee <i ta | SS = ie el : Be oti Aa sepia ae a Sy \ Lia ebha lh Sllio wz Zi LE a Leche ag Q Face sot /iep, hearehele Lair ; ae LIDGE phe VL- Tr 47 a wl, f aad bre => 7 er Pose a — ia iz, ak pie op 7 “heen Bea eaetit 4 ¢ att Lie 4 Fie ; ue ff Cling el yn : oe 4 b>, Gk ees ALUN. Z L CtLEe op Ds Mhted he Or. 7. Gitlin a oe fe Pale. ehony. 8 Le Ps eco Lace 2 ct /GOO» Bec bar" - Lh DZ sss a eee Pe fit Ge | C Attn ha neelon Nw, Wy Lor nr ae tate Ite fo — Utriv- A Mitte | Ly ce Mine ALS: A Ke Lats ey he teeter Te (fet, tt tl Heese bee Le Go 5 Qc tt ct. fb Ken, au! ferret A Blight A, )Bbocont OT Gl ha. Cetadhech- A eger fica ase Tc “7 Ctx a oe adie [ft gies oon fey Ke Ler Born thor ALL Lk hee Crr oS phe Cue helper. A : Cee tt 0a ZCCH. Cok © OFF A a os vem =; Ae. glo tt , pi fis til ince pone Out CO BE Cap 2} ifs OE. - | fee ABCC HEH Brrr aa o~ . tek aA bageh tah fo ot ie B44 AP UA whe Care re Mitte WoLe re —— pene emnercenneen Gina ne a he a.nd, Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. TATE OF NORTH CAROLINA, To THE SHERIFF OF County--GREETING: Wou are Hereby Commanded to Summon fa ; Coreen Sh 3a on the....... wa S_* eee. Defendent...... And this you.shall in no wise omit, under the penalty prescribed by law. unitness..... Jf. La dade. = Marshall Elliott vs/ ISSUES. Southern Rwy, Co., FIRST: Was the plaintiff injured by the negligence of the defendant as alleged in the Complaint? ANSWER: Sre- SECOND: Did the plaintiff by his own negligence contribute to his injury as alleged in the answer? ANSWER: 8 _ THIRD: What damage is plaintiff entitled to recover? ¢ ANSWER: North Carolina Superior Cpart Iredell County | May Term ,1907. Marshal Elliott 8, JUDGMENT. Southern Railway Co., This cause coming on at this term of the Court before His Honor Fred Moore, Judge, and a Jury , and being heard upon * the whole record, and the issues submitted to the Jury, and the Jury having found that the defendant was not guilty? negligenee: It is, therefore, considered and adjudged by the Court that the plaintiff recover nothing by his said writ, and that the defemiant go henee without ALO Used Judge Presiding. Bill of Costs,—Civil.—Pricted and for sale by Brady, The Printer, Statesville, N. C. —— —— — ——— Original Summons, or other original process, including all MAMIE GRUNT. fas cos cs ca csccscen cecestsoseevecnes cecncteccnesseases osnacecs $1.00 Order PE Ae ncegRel cesses scsescree rceseee csc ees Subpoena, each NamMe.............02 seccesscnves scceseserrsnesssscescessos vecees AS Notifying Solicitor of Removal of Guardian. .. .........0:ss00se00 1.00 {Continuance Delerset seeareste paternasenveesavarsescsecucrcediccscsseestrsesasesrecnsetcce 80 Caveat to a Will, entering and docketing..................-seecersereerees 1.00 Tasuing Commission .....,........cc-ccce csccssscscsnssecccerssersnses coeee osseeree 75 fidavit, including Jurat and Certificate. ...... .......ces-sesessssteerees 25 Paneer enanctteaereesererteterntteetnre csceuicscsecnsstrevescscecesaccere cesta isesecces 25 4 Motion, Entry and Record f..... ......-.ccc.csce coocsseesee see ssoveseeees .25 INO COsessclerresdetsscrsecrccnaress tees Peeetan atenecancresececevesesccreneseerct =e arecoreo neste Notice, for each name over one in BAME PAPET...... ....-.cseeeeeeee-ves -10 . Im paneling Jury ..............scccssesse ssccscssce sestccsssecsssces seescnaseessores 10 Judgment Against Justification of Sureties, except as otherwise provided ............. 50 Judgment final in term time .........cesccseee cssscsessesseeteerteeeereeeee 1.00 Judgment final before Clerk ............ccccssecsensersseeceeee ceateeensecereeeeee .50 Judgment in favor of Widow's Year’s Support..........-00. esses coors .50 ee Docketing Gatnererccercrescrccccestscesserceccriaicacscecses tesesecesoeeeoecsell cess SO = Docketing ex parte Proceedings .......... ss. sesseresses sseseeeareresonee .50 ao TUAZMENE..............cccesscceseccsesessorsevsoeees Seatsiansenessenerserehece -25 ‘¢ Summons eases -25 ~! Poeteme; ACCU oteccriccsssicceses seccecsacsleceseeteserr = neces lcrcccavesereeee Rerstere Tranacript Of JUdgMENt..........0..0.0020 corms cncessocccsncecerecse,secrenss eee Sheriffs Return Appeal to Supreme Court, including Certificate and Seal....... ... 2.00 Transcript to Supreme Court............ copy sheets, each...... aeseerer 10 County Tax, when Jury impaneled................... TOE seeeeeee 8.00 Defendant’s Witnesses. “ a “ “ Sheets Seesesseses ese: seeearersees Pereeserees a eeewrcorees oereeeseeses eeesesccones seeeeerecees seesee seeee aeeeee seeereccreceleceee vee beens ceeees| eeeewsese seecreceses [reeseseee PeSeEeeeel) © oe coeee preseetees tl enccccccncee| sereerere aeeweccee erersee lle ccccee cone] seeeereee seresceeel) Jccee cones. | sereeceee seeecrececoe| teeeeeree eeeee- vee noose coves | teeeeenes seeneewee sone covese [oecerrres eeereeees ll sevecescescs| seer soe Peeweseselleonweeseoees| se eerwew Aare e een e ene n ne ene e nese ean eeeeees ReeeeH eee eeeh ee Eee eeehOS Rees eee esse eeees OSES eneeneeahenee BILL OF COSTS-CIVIL. - Railroad Records 1907 8 Worth carolina In the Superior Court Iredell County October Term 1907 Pegram and Company, plaintiff. vs Judgment. Southern pailway Co, defendant. This cause coming on to be heard and it appearing that the plaintiff and defendant have compromised and settled the same upon the terms of ., twenty five(25) per cent of the amount of the judgment rendered in -the Court of the Justice of the peace; It is therefore considered and adjudged by hhe Court that the plaintiff recover of the defendant twenty five (25) per cent of the amount of the judgment renered by the Justice of the peace and said sum so ascertained by the Clerk of the Court shll be Ween con- stitute the amount of the jnagnent Gene tte ort ug Wer \ AA Agreed Judgment. | Judge presiding. be RL ot Cotmsel for ere Counsel for defendant. North Carolina Superior Court yredell County October Term 1907 Pegram and Co. vs Southern p,ailway Co These causes, numbered respectively, 56- 57-58- 59-. 60- 61-7 G2 coming on to be haerd and it appearing to the Court that the parties plaintiff and @efendant, have compromised and settled | the same upon the terms of twenty five (25) per cent on the dollar a @s each may appear from the judgment of the Justice of the peace It is therefore considered and adjudged by the Court that the plaintiff regover of the defendant the sum of twenty five (25) per cent of the judgment in each ca se.,as adjudged by the Justice of the peace, and the Clerk of the Court is ordered to ascertain what the amount is in each respective case and enter saidramount so. found as the judgment in each case, with cost of action. a HL ha t Judge Presiding aan Counsel for plaintiff LC lol See Counsel for defendant. Railroad Records 1907 < North Carolina, In the Superior Court, Iredell County, ‘ Matt Ransom Redding, by his next friend Laura Dunegan, vs Certificate of Counsel. Southern Railway Comrany, To the oe Court of Iredell County:- This is to certify that we have examined the case of the plaintiff in the above entitled action, and believe that he has a good and meritorious cause of action in fact and in law. arnt Attorneys. North Carolina, Iredell County. > Laura Dunegan, being duly sworn, says: that she is unable, as the next friend of Matt Ransom Redding and individually, to give sureties or make the deposit required hy law, to enable her to pros- ecute the above action against the defendant, and therefore, prays that she may be allowed to sue in said one in A. peupestes7 se ee ema dh ee ee eee C.8.C. Sworn to and subscribed before me this the 2 day of February, 1907. ee * *~ ~ North Carolina, In the Superior Court, Iredell County, Matt Ransom Redding, by his next friend, Laura Dunegan, Order Granting Leave to vs sue without Bond. Southern Railway Company, In the above entitled action, upon the certificate and affidavit before set forth, It is ordered, that Matt Ransom Redding, by his next friend, Laura Dunegan, be allowed to prosecute said civil action as @ pauper. This the, 2 day of February, 1 } / SUMMONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29" 011M Ok: dest S County.-~ $n the Superior Court. ola Pasaon Dutt bie ictmsemmmtese | ¢ | Onto Cae a. ol. 7 Car) ‘ ACANST SUMMONS FOR RELIEF. 2 eee fete at (2 erat aarsinay nee . Oct Kerr the Defendant a above named, if .......%......---- be found within your County, to be and appear before the Judge of our Superior Court, at a Court to be held for the County of Meat ee at the Court House in Mihir t he A Wec_cek /507 20 / at... Monday after the .:.-..-<2.-0--csoetieeeneen I FE ces ccpteetatimecasr creer the same being the ............... day of Morey L id 47......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 ................... 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 mn Given under my hand and seal of said Court, this aye cavern > Clerk of S STATE OF R}H CAROLINA, COUNTY. We acknowledge ourselves bo the Defendant in this action, in the sum of Plaintiff In the Superior Court. ant........ may recover of the Plaintiff.........:. in this action. Witness our hands and seals, this -.................... day of 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 ............. ¥ Dollars, to be void, however, if the all such cost as the Defend- ‘ Returnable to... Plaintifi”s Attorney. \ ‘) / tv 5 ft “a AL oa a A rr We sees eS fe Leet bof ; a a2 Ka < fan epea cel > aaZs , “ ae | "GL.bmn | Oat I Jone alte cad safa A Duccoke A agin fof * ino A techs x: ee 3 Ke sgt ton Qeict £ om fee 2 re See We a ss oh ht, Ie hs, Pe De eee ae WY Gz vhs LE an oL cepernn wise 5 lo oo C4nd wae ceegzugeR ecé ofc lug | , flac’ Que rhe —- a Cur heresy CLYLI "| gOS Creed form ha (Meteweeete Lh fieK . ape , : Yann ofd nities uk Kah h. hack ofche of pa ee * ‘ ; -_ £4A € ; t _ feenes J ( 3| . aklkyrreet ee va (Uae i ereee CLC 4 tif Git On tgaadad, Qtes he, e = crtk: | A. rs; lee eed J CLL Aten > s . C H si ‘ 2 ® : -—T : * . . orth Carolina In the Superior Court Tredell County May Term, 1907. Matt Ransom Redding by his next friend Laura Dunegan, plaintirf. vs ANSWER - Southern Railway Company . The defendant answers the Complaint in this ceuse erd --First-- het it is a corpa ation duly and orgkginally created ,organized and existing under and by virtue of the lews of the State. of Virginia, and on.the day mentioned in the Complaint wes enreced in the overation of & railrosd from Charlotte ,N.C., to Taylorsville, N. Ce, properly conetructed, equipped and manned on seid cccasion. --Second-- That the allecations conteined in the second paregraph of the Gomplaint are not denied. --Third-- It is admitted that on the Grd day of NOvember, 1906, the plaintiff. was in the employment of the defendent Company, and connected with the crew which operated the shifting encine 0 over the tracks of the defendant Company, but all allegations of negligence charged against this defendant in teid third para~ graph are not true and are denied, and it is specifically denied, that the plaintiff was injured internally or otherwise or that he hes suffered any pain whatsoever. --Fourth-- : alle ations contained in the fourth paragraph of the Complaint are not true. --Fifth-- That the allegations concained in the fifth paragraph of the Complaint, except thet part tucreof which alleges what he was earning per day, et the time of his alleged injury, are not true and are denied. And havin; fully answered, the defendant asks that it recever its costs, in its behalf expended and -o hence without day. Attorney for defcndant. W. P. Maher being duly sworn deposes and says, that he is Local Afent of the defenuant Compuny, at Statesville, N. ce that he has read the foregoing Answer and that the same 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 May, 1907. On ee oe ee ee Matt Ramson Redding vs Southern kailway Company ISSUBS5&, Iste- Was the plaintiff injured by the negligence of the defendant as alleged in the Complaint? oe “\ Answer:~ ye j { rs 2nd=-- What damage, if any has he sustained? Answer:- 3 / $9 7 ae — ae... | -2€ Bill of Costs,—Civil.—Pricted ——————_—_—— Original Sammons, ke original process, includin i © MAMES Shereis..........c0c..cccce seccccrccscsecevscccceseccssceneses svvssees I tiischcahttnette DOeR Ob eee eeeecneennes Every Copy Of BAME........j:...s-ces-ceceseseeeeseneensesesseneer Dostnedcerensreaies | se | Sah sini XA 5 ast IN THE SUPERIOR COURT C sis = i oi ar) Order for enl ir County. Caveat to a Will, entering and docketing. Issuing Commission ......c.ccs-ceccesceee ccoceeesseseceeseee Affidavit, including Jurat and Certificate....... cscs cseeeeeeee oe /|\ Seal svvsssnnesesssnntsunnassnunnucasecscensenscogee cocsncensnasecongsancenssees castes svat . L : 3 Motion, Entry and Record of nce MEE Vers Queene caer INOCIOO Sccce. ccccc ccccsecscscdascceeceese Desdcee aiseccesscesneeeecnseseseece teseee leethese : Notice, for each name over One in BAME PAPEF...... ....---ereerseeereee / ‘ ag F er Tmpaneling Jury ........ccc..ccccccccees ccccscence soccnscesocesenees seceeccereseosees / 9 2 aoins Justification of Sureties, except as otherwise provided ............. Judgment final in term time Judgment final before Clerk ..............s-ceesssereceeersenee stetesssenerenssoes Judgment in favor of Widow's Yéar’s Support.............. - Lesetseess a Docheting Ga me........ccsccccssscossscsccccscoces oscccessocss secccssescseseces esses ve. ™ 2 Doceping ex parte Proceedings .......... .....06 seesesereee wesiassesesscuests - ' : ent..... , ‘So e Summons mene apf Sheriff's Return Appeal to Supreme Court, including Certificate and Seal....... ... ae oS 3 ee “ “ ity “ “ce Sees Seegeeeenes Seeeerereeeeeeereeeneees senna reser oben. eeeeee “ “ se “ POOOD SP eecceesecs Soacsoveoeescorssereses “ ri “ “ Ahereneree re eerenerereseresseeeeeeeers eee eeree sbeneneeeenereene® rrr ee st ‘ “ CFOs Ceebeenrorer tenes Bherereeeseewenensseeserasener 6 ae oeeeee Fo, 7 \4* CIVIL nociie my | ; f , a | BILL OF COSTS-CVIL. 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Meee af Ce Or 2 cet Loire we ae Banas BAoaantlee A “7 “f iso. fr otbiah vi Tne, cvete. ‘ oheei, pateet Riva cled He Bach ft ff hate Se A crecict br be rack di L fon got fist -afridcd le Lot ao Spoctpe fot om He <7 Shy ch ¢ Chhbceecn ceo Ql th ater> af tose al Chee ef bre ews Ar |e. ff Aw i > Whefug lose een le ners SL! 72 Sys Oy ae Lfy Lt! f£ oi Seay fe ZA of fis OGZfias fee fmm ffm q (Oerar, mae a Le Wee: LAL LZ ee Chee of ke pif =. A fh bef tis a, heres « he der Mrrnrlrsy — ©, ot as : fai “eg hada atta : Ll ka > Snes = naan pat73 pi ~ hod. Worth Carolina In the Superior Court Iredell County July Term, 1907. Iredell Livery Company vs ANSWER. Southern Railway Company The defendant for Answer in this case, says: oF iL rst-- a It admits the allegations contained in the first para- graph of the Compleint. =--Second-- It admits that the Southern Railway Company is now, and was at the time alleged a seraeration duly and originelly created, organized and existing under and by virtue of the Laws of the State of V.rginia; that it was engaged as a common carrier for hire, and wes operating a railroad from ~ Salisbury to Asheville. --Third-- That the allegations contained in the third paragraph of the Complaint are not true and are denied, except that portion , which alleges that the horses went upon the track of the defendant Company, at and near the depot in Steates- ville, and continued thereon going in the direction of Salis for a mile or more until they were killed by one of the trains of the defandant Company. --Fourth-- That the allegations contained in the fourth paragraph = of the Complaint are not true and are denied. And for answer to the plaintiff's second cause of action, the defendant says: --First-- That as hereinbefore answered: paragraphs one and two of the Complaint are true, that the facts set farth in paragraph three are not tees ahd are denied, except that portion, which alleges, that the horses went upon the track of the defendant Company, at and near the depot in Statesville and continued thereon going in the direction of Salisbury , for a mile or more until they were killed on the track,in a head ion: collision between the engine af*said train and seid horses. --Second-- The allegation. conteined in the second par=- agraph of the second cause of action is denied. --Third and Fourth-- The allegations contained in the third and fourth paragraphs of the plaintiff's second cause of action are not true and are denied. And for a further answer and defense to pleintiff's cause of action, the defendatn says: --First-- That the plaintiff carelessly and negligently committed the care and control of the horses to a careless and negli- gent driver, Who left the team standing unhitched, a quarter of a mile or more from the station in Statesville; that said team of horses ran away, and through various streets to the Station aforesaid, breaking themselves loose from the vehiéle and went upon the track of the defendant at a head long speed, and continued to so run East in the direction of Sal- isbury about a mile or a mile and a half, when and where they were met in a head on collision on the defendants track and Right of Way by train #35, when and where they were killed. --Second-- That the plaintiff was guilty of contributory negli- gence in placing the team of horses in the hands of a care- less and neglig@mt driver , who left them standing unhitched in the night time on the streets of the City, and who care- lessly and negligently permitted them to run away, run upon and continue running upon the track of the defendant, until met and killed by the train aforesaid. And having fully answered, the defendant asks that it recover its costs in its behalf expended, and go hence with- LC, C4 BwLL Attorney for Defendant. out day. W. P. Maher, being duly sworn, says, thst he is Local Agent of the defendant Company at Statesville, N. C,.; that the foregoing Answer is true of his own knowledge, except eas to matters and things stated therein upon information and belief, and as to those he believes it to be true. 5 Sworn to and subscribed before me this the w---- day of August, 1907. North Carolina { In the Superior Court Iredell County ! October Term, 1907, Iredell Livery Co, vs Affidavit, Southern Railway Co. sbecmprecs eg L. C. Caldwell, counsel for the defendant eRe Bete of he absence of an Agent of the Company to make this affi davit, with per missicn of the Court files his affidavit andsays, that the defendant cannot safely come to trial at this term of the Court, because of the absence of H , Clark, J. M, Javis, and Ruffus Sherrill, by the first two witnesse, affiant expects to prove that they were passen- gers upon the train, which killed the horses, and that s0 violent was the attempt of the engineer to stop his train, for some cause, which they thén aad there learned was the horses upon the track, when he came to the curve, that said passengers and others were violently thrown from their seats, and that in their Opinion its violence wags caused by the abrupt application of the brakes to stop said train, and that it expects to prove by the witness Sherrill and by others, that the horses were stricken square in the head and breast, showing it was a head on collision between the horses and the engine, these witnesses are not under the Subpoena, for the reason, that counsel for the plaintiff and the defendant had consulted , and it was their opinion that said cause could not be reached , at this term of the Court, That the witnesses are not absent by procurement, or for any illegal purpose, but for the reason that they have not been gsube poenaed, as it appeared that the case could not be r eached, : That in the night last night, affiant ee a@ summons to issue , but_becauge of the lateness of the nig wht, could not procure an ee place”Baid subpoena in the hands of a proper officer this morning. / 2m That affiant understands that two of the Witnesses Atetr< = out of the County yesterday, and are still, and that affiant expects to have the benefit of their evidence » &@t the next term of this Court, and for a further reason affiant Says, that the wife of its engineer, who is present is quite Sick, and because of his duties on yesterday, he was now able to ascertain the condition of his family at the end of his run last night, but returned here on the first train, Wherefore, affiant prays the Court tocrant it a continuance, Sworn to and subscribed before me this 7th day df November, 1907, | aa rcthern thin. atid G fies deve and tre frvrrl 4 Lite Breck and fee 2 VY btw re meniersy Peart, faa ae b> (Ca troeds | rrr F be 5 rato cone. rn, re wn apron) Vet y it am SS TS eo ee lec ce velar bho Bins an hae Laan | jp facto Rt ek = Sein presen tu | the Can Cree, lar ce, ~<A Dd Ker caneL a ree 04 Bs pong oe eck wih ew esas th ee i el ae a ane pa tint Arie ox ls wit “4 spinal certs eenlsieSeree North Carolina, In the Superior Court, Ireéell County, January Term, 1908. Iredell Livery Co., vs ISSUES. Southern Ry. Co. <l- Dia the defendant negligently kill pleintiff's horses as alleged in the complaint? Anewer: CF) pov -2~- Wheat was the value of said herses? Answer: <eatiorad dtxo% puted Liebert. 000 yevts ffebext 00 2 ui mtetiwos * ° | seeros etWeetatal:. Lite ytoentiges tuatawtes eft ota <L. North Garolina In the Superior Court. Iredell County Jannary Term, 1907. Iredell Livery Company VS. JUDGMENT. Southern Railway Company. This cause coming on to be heard at this term of Court , before His Honor , W.8B. Council, Judge, and a jury , upon the record and issues submitted to jury , and the jury having found that the horses of plaintiff were not killed by the negligence of the defendant Company, it is therefore con- sidered and adjudged by the Court that the plaintiff recover nothing by its writ , and thst the defendant go a pe ~ e day, and recover costs in its behalf expended, ¥ PLZ LE, A Judge Presiding. +> Ba> che 4 Railroad Records 1907 SUMMONS FOR RELIEF.—Judge.—Printed and-for Sale by Brady, The Printer, Statesville, N. C. 3-29-’011M County.~- Gn the Superior Court. Superior Coyrt for. said a County within the eat three days of said Term, and let said Defendant........ take notice if fail to‘answer tothe said complain} within that time, the plaintiff.......... will apply to the Court for the relief demanded in the capplaiit. .. dt," : PR OS ey Hereof Sail mus, and of this summons make due return. Given. under my hand and seal of said Court, this ..... / wa foovernervenns - ssueonseh eM MIA nM sons =... County. $ ‘ STATE QF NORTH CAROLINA, In the Superior Court. JAtchihde... i PY. We acknowledge ourselves bound unto .. Ha. VPS Mite. estites aa eee the Defendant in this action, in the sum of Keatuncleed. Dollars, to be void, however,*if the Plaintiff 4 -TACOS......F&. 1... WA Ane Kee..... eestert thick shall pay the Defendant........ all such cost as the. Defend- ant.......:.may recover of the Plaintiff. Witness our hands and seals, this . ... A. D. 190.4 oy As . ‘ . Noi . ~ % AMR X aebateeo eee being sworn says he is worth the sum of two hundred dollars over i *“* a t above his debts} liabilities and property exempt Beaton Sworn to and subscribed before me this .| C2. day of —.............. irs _~< - ne ne AS -Term, 190. Plaintiff's Attorney JA“ SUMMONS FOR RELIEF. of the Superior Court of © coe VY _= OQ w 5 = 3 ee Yu m4 County. North Carolina, Superior Court, Iredell County. July Term, 1906. Alva R. Sherrill, Plaintiff, , == Southern Railway Company, Defendant. The plaintiff conpleins and aileges:- -l- ~ That the defendant is a corporation duly organized under the Laws of the State of Virginia, and engaged in loperating a railroad from Charlotte, North Carolina, to Taylorsville, North Carolina, and other places in said State, jand was at the time hereinafter mentioned so engaged in op- fprating Said railroad as a common carrier of freight and [passengers for hire over its said lines of railway. -2. ! fhet the plaintiff is now, and was at the time here- linafter mentioned, a citizen and resident of Statesville, jiredell County, State of North Carolina, and on the 17th laey of Warch, 1906, was engazed in the business of a Rail- way Postal Clerk in the service of the United States Govern- ment; that his"run", as such Clerk, extended from Charlotte, North Carolina, to Taylorsville, North Carolina, and return. ~3a That it was the duty of the Southern Railway Com- pany, the defendant, at the time above mentioned to safely larry ana transport the United States mail between said points ; and also to safely carry and transport thé Railway Postal Clerks in charge of said United States mail; and such was its duty, - to transport and safely carry the plain- tiff, - while he was engaged in the discharge of his duty he such Railway fostal Clerk from Charlotte to Taylorsville pa return. hie \ 2 That on the 17th day of iwarch, 1906, while the blaintife, Alva R. Sherrill, was:engaged in the discharge | of his official duty, and was returning from Taylorsville te Charlotte, and while in the United States Railway Mail bar attached to a train of the cefenduent, and while approach- king the City of Statesville,- the said train at said time . being about three miles from the Statesville depot on the railroad track from Taylorsville to Charlotte, -said train ponsistine of an engine and tender, two box cars loaded with rreight, a combination mail and express car, in which said oe the plaintiff was riding, and two passenger coaches, - pnd while said train was running over the track of the said defendant at the place aforesaid, the two freight cars and tne mail car, in which the plaintiff was riding, were sud- fdenly and violently derailed, the two box cars and the car in which the plaintiff was riding being thrown from the track lna thereby seriously and permanently injuring the plaintiff. -5- | That the defendant, the Southern Railway Company, 2 violation of its duty towards the public, its employees, ana especially in violation of its duty to the plaintiff, barelessiy, negligently and recklessly allowed the track of its said railroad at the point aforesaid to get into a dan- f eros condition, by allowing rotten and decayed cross ties nd timbers, unfit for the purposes for which they were in- tended, to remain on its said track; and also in violation lof its duty allowed its said track et said point to be con- structed in an improper and dangerous manner, and also al- lowed the wheels of the car upon which the plaintiff was rid- ling, and especially the wheels of the box cars of said train, | to become worn and unfit for use, and negligently, vareless- ly and recklessly allowed its said track to be and continue proper out of repair at said point, so that the said train upon v Which the plaintiff wes riding, when it reached said point - 4" , upon said track, was violently and recklessly thrown from | said track, as above described, and the plaintiff seriously | and permanently injured. 6. That by reason of the careless, negligent and reck- less omission of duty on the part of the defendant to the | public, and especially to the plaintiff, in failing to keep | its track in proper condition and repair, ane in failing | to keep the wheels of the said cars on said train in proper | condition and repair, and the negligent manner in which the | track was constructed, the plaintiff was injured as herein | set forth. _ That by reason of the wrongs and injuries aforesaid, | the plaintiff has been seriously, if not permanently, injured, | by being violently thrown from one end of the car to the Worters his back sprained, his abdomen bruised, and a general | concussion and shock of the whole body; that the plaintiff | suffered great physical pain and mental distress; that he | was confined to his home and unable to work for a long time, | ana is now unable to do any hard physical labor without se- | vere pain; and the plaintiff is informed and believes that | it will be a long time before, if he ever does, recover | from the effects of the anguntee he received upon the occa- | sion aforesaid; that the plaintiff has been put to great | trouble and expense by reason of said injuries, and has | suffered great loss from his inability to labor, and by | reason of his decreased capacity to earn alivlihood for hinm- | self and family, to his damage, to wit: $2,000.00. Wherefore, the plaintiff demands judgment against | the defendant for the sum of $2,000.00 damages, and the | costs of this action, to be taxed by the Clerk of the Court, | and for such other and further relief as he may be entitled } to. Attorneys for plaintiff. tior th Carolina, Iredell County, } | | Bnd says: that the foregoing complaint is true of his own Alva 2. Sherrill, being.duly sworn, deposes and knowledge, except as to those matters and those matters and i things therein stated on information and belief, and as to | Bworn to and subscribed before me i ; this the: day of july, 1906. North Carolina In the Superior Court Iredeil County July Term, 1906-6 Alva R. Sherrill, Plaintiff, “vs~ ANSWER. Southern Railway Company, Dcfendant. The defendant answers the Complaint and for answer says:- --First-- That it is a corpa ation duly and originally created, or= ganized and existing under , 2nd by virtue of the y,aws of the State of Virginia, and was at the time of the alleged injury to the plaintiff. --Second-= That the allegations contained in the second paragraph of Complaint are true and are not denied. e=-Third-- That theyellegations contained in the third paragraph of Complaint are true and are not denied. --Fourth-- That the allegations cortzined in the fourth paragraph of Complaint are true, except where it is alleged that plaintiff seriously and permanently injured, which is denicd. --Fifth-- That the allezationS ccortained in the fifth paragraph of t Complaint are not true and are denied. --Bixth-- That the alle-ations contained in the sixth paragraph of Complaint are not true and are denicd. --Seventh-- That the allegations contained in the seventh pérgzraph of’the Compla nt are not true and are denied. And the defencant having fully answered , asks that it re=- cover its costs in its behalf expended , =nd go hence without day. > Attorney for defendant. Frank Sherrill, bein: duly sworn, says, that he is the Loca Agent of the defendant, at Sta -esvwille, North Carolina, that the fore ~going Answer is true as of his own knowledge, except as to mat- ters and thines stated therein upon information and »elief, and as to toose he pelieves it to ve “FZ wet nad ae C ’ Sworn to and subscribed before w this the aah Man day of August, 1906. ) bawta persed G2 a 4 Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. ° 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF Jaw : _,COUNTY--GREEJ 1 | ou are Hereby Commanded to Summon a » the Court House in a sa le da oy Hees next, then and there to testify and the truth’ to say in behalf of....... Ne ca Neca sacecncer eras County. pag A fam 3 ey, ED RAE hig Dr. Long: I am a physician. I treated the plaintiff once. I do not remem- ber the date, but 4 remember the time, and it was for this injury that I treated him. It ocaurs to me that I saw him the next .day or perhaps the day after. When I first found him he was suffering more particularly with an injury to the abdomen. His abdomen was much distended and tender, and had what we know as a degree of pe- ritonitis, and there was a very great tenderness about the bowels, and constipated and swollen an@ some little temperature and distress and nervous anc pain and all that. He also had an injury to his back. He complained a great deal of his back and his back was Sprained very badly, and he could not get up when he was down with- out a great deal of effort and pain, and + think the injury to his back was entirely a sprain or wrench, the muscles sprained or jarred. I treated him for several days, until his symptoms all disappenred that were aontee Afterwards I saw him at the office for once or twice a week several times. I last examined him perhaps two months’ afterhis injury, but 1 do not remember exactly. The injury to his abdomen was not permanent; that got well. A sprain is a very uncer- tain injury; it gets well at times, but the slightest injury agnin may make it return; a sprained back is like a sprained ankle, it is uncertain; some times it gets well, and sometimes takes a very long time to get well, and sometimes it never is as strong as it was before. He suffered a great deal of pain for several days; a great deal of pain; suffered some from the shock and nervousness. He was incapacitated for a long time for his work as a postel clerk because these muscles of his back and loins being sprained rendered him unable to bear the body's weight without pain and consequently ne was disabled. I do not know how it is now. Have not seen him lately; have not examined him and have not asked him any questions. a. Supposing Dr., that after remaining upon his feet for some time he was unable to perform physical work by reason of the pain in his back, what would you attribute that to? A. To the sprain of the muscles of the back and the ligaments that hold the spinal column together having been stretched. If I knew it hurt him to bear his body's weight, 1 would attribute it to the same cause certainly. Cross-examination: : I advised plaintiff as soon as the soreness left his back and he was OL; able to work ané@ standé without pain it would not injure him to work whenever he felt he could do it without pain to himself. I conld not tell you when 4 first saw him without referring to my book. This is my signature, and that was on the 21. | Re-direct: I dont remembef exactly when I saw him. I saw him really in the absence of his regular physician, and * do not remember exactly. I should say this was the time he gave me the history of the injury. This certificate I made out for him for his claim of inability to work, or something of that sort, and this is copied from that. This is dated the 17; stating that this injury began on the 17 was simply a history that I got of the case when I saw him on the ¢1. ‘7 4 mite | ) Le elegy L reek Z, LOK 4 LL. 8 North 6arolina | ; In the Superior Court Iredell Qounty oo S&S Jannery Term, 1997, Alwn® RR. Sherrill v8 JuUunaNVrRENT., Southern Railway Company. _ 7 7 This cause coming on to he heard at this Term of the Court before His Honor Fred Moore Judge and the Jury, and the Jury having answered the issues submitted to them as set out in the Record: It is, therefore, considered and adjudged by the Court that the plaintiff Alva R. She~rill recover of the defendant, the Southern pailway Company the sum of Four Fundred and Eighty Dollars wee Taps ($480.00) with inter: st on the sum from yHnuary 26th, 1907 until paid, ~ and the cost of the action to be taxed y the YL of the Court. 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Becesensess eieeratere acasress meertved secsceseoeecs coceces || oveces coseeel ooones ees eseses cbees| oes: sedsb Uy Com coast scorers oeees -oeee Ct eeereeeereer ereeseeees eens Ceceeeneeees sreeene [faseseresenes|eeees eetllscscersenees| seeneee ° as . ESN ceczes Seeere encercousesceoers Peeeeeeerereseres seseeereeereseoenre aoe Peeoeee|eee tone +] ] eceee oeewees| seteeee . “ COT cecece leccee ceeeer SeePeereeeerseeeeneeeseeaeeeeere +e Sees faeces srecees || esevereee aoe o0]] eewereececst eos aeeeee ‘ c = re aceccieces seccseseceonsesere A eeeeevereneereesesoes © severe feeeee — eeneeee seceeeeeceee| Heeeneene] leveeerrosoesl es Serer . eee, set “ fh eecimemsnoneiias se pertanrmeorenleit nents “tisad “Tuansen | mile sHlevoose ovitdh delet ot | ple am * / ? ° A be | BRIC EA77 A : a it a y ae | BILL OF COSTS-CIVIL. " | q (As fixed by the Code.) ; hh AF ot Me MAGISTRATE’S SUMMONS. — Printed and for Sale at the Mascot Job Office, Statesville, N. U. JMB Ok ate hevic gle Qecscvieseccceter Township. County. — for the non-payment of yi ~ ete - ere PENT _ eg B48 Te and demanded by said plaintiff. .; and for costs. Herein fail wre of this SS a make due return. - EB oe Mo. Justice of the Peac juepuajoq Jo suomung yuurerg dO} SHOTUTANS S** paAlag “paataoay “diqsuasoy.** ‘Ayunog°**** 7 . County. oe ce Clerk of the Superior Court of said County, do hereby certify that... Ce ee , the person who subscribed the foregoing Summons, at the date therein mentioned, to-wit: on the.. en 1777) 189 ....., is a Justice of the Peace in said county; anil thatI am acquaint- | [ ed with the hand-writing of the said... .. and believe the name subscribed to said Summons is his proper and Scnuine signature. In witness whereof, I have hereto set my hand and seal of my office, on ERIS ERE... 0 wo LBY...... Clerk Superior Court. RETURN TO NOTICE OF APPEAL. D. B. Edisall, doing business under : : the name of Edisall Winthrop Co., Vs. . ° . : County of Iredell, Southern Rail-way Co., ; = To the Superior Court of Iredell County. An appeal having been taken in this action by the defendant, IW. R. Sloan, tha Justice beforew:.om txxexxme tho same was triod, in & pursuance of tie notice of appeal (of which I nad notice in open court do hereby certify and return tiat tus following procesdings wera had bsfore me in said action: On the __ __, of Marcli, 1907, at tuo re- quost of t e plaintiff, I issu2d @ summons in his favor and against the defendant, which is horewith sent, said summons was, on ti? raturn day thereof, returned before me st my Office; and at tu» same time end place tie Plaintiffs appeared in person and tireube counsel, and dafene Gant appeared tirrougi: couns?l, Tho plaintiff complained for tie recovery of $107.00, and _intrrest on&1Q7.90 from August, 24tu, 1906 until paid, du by dameg? to shipment of Scenery, while in tie care of tiie dofendant conpany, The defendant through biieir counsel, deny tiie right of the px plaintiff to recover tiat amount, of damag?, on the grounds, that pan | plaintiff had signed on instument of writing releaseing tie defandants from the care of-said Scenery, and that they.w2re no longer responsi- bla for its care, wien said damage? cccurd, After hearing the proofs and allopvations, I rendered judgmant in favor of tie plaintiff, and against the defendantson the 26th, day of March, 1907 for $107.00, and interest on $107.00, from August 24th, 21906 until paid, and for the further sum of $2.30, costs of tuis action for the use of the plaintiffs, oie I also certify that at the same time the 26th, day of March, Ag -. of appval 1907, the defendants Counsel gavé*me ene Open court and at the same time peid me my fee of 30cts for making my. return, All of which I send togetuer with process, pleadings and otier papers in the case, Dated this March, Q. 1907 cre Sloow fLED ¢ | oe Railroad Records 1907 North Carolina,‘ In the Superior Court - Tredell County.: October Term 1907, W.W.Rankin Company $ vs. Judgment. Southern Railway Company. These causes coming on to be heard,which are numbered respectively, ( 9) (702),and it appearing to the Court that the parties have comeroniaed and settled the same upon the peyment by the defendant to the plaintiff of twenty five (25) per cent of the amount found to be due by the justice of the Peace; It is therefore considered and adjudged by the Gourt that the plaintiff recover of the defendant twenty five (25) per cent of the ot amount found dueé,said amount to be ascertained by the Clerk of the Superior Court and the eh’ ae parle o/ “MA Sak Judge Presiding” Counsel for defendamt. Railroad Records 1907 SUMMONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-01 M Ce Iredel. _..... County.--9n the Superior Court. Cs tied Janes..W...Brown...... a . os cae. eieae ie deere State of North Carolina, To the Sheriff of... TredOdh se County—GREETING: above named, if ...arbe.......... be fcund within your County, to be and appear before the Judge of our Superior a Iredell... at the Court House inStatesville, Wo / | Tate... Monday of Sept....1906............. the same being the EZr 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 ....A%......... fail to answer to the said complaint within that time, the plaintif............ will apply to the Court for the relief demanded in the complaint. aM Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this . STATE OF NORTH CAROLINA, In the Superior Court. cen Iredell. COUNTY. cane ES I Et citi: PEE | 3 ty 0 AGAINST . _— Southern.Railway...Company. ee "A " We acknowledge ourselves ead unto _. Southern Radilway Caapany.... ooeeneesoe the Defendant in this action, in the a of Two. Bundred- — . : Dollars, to be void, however, if the all such cost as the Defend- . é . 7 4S: rma djpJ } A. D. 190.6, being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executio ~ Sworn to and subscribed before me this 2S tay of - ty. 11 j of the Superior Court of .... Ne. 4 "4 kot Y , fic fa es So 12 e@) | @ | ag 7 2 g < | pd [ase gto 17) ; a poy ie: ; 8 4 sf Je eg home ere - ie “eg 5 6 YS AF = . § sR 7 ° M } | Pes : 5 CA { % et. : z P Returnable to GRE qj defendant, 0%. Fi G “at. aa 4 ’ a - al + 7 . E ? i. “egos m* Bouts Bs eo eae i : ed Bee, WEA Be ¢ 6c5 “iy ty TLOnoTy PSOE ‘a Ps 7 a dis bee a om. North Carolina # In the Superior Court. Iredell County # October Torm 1906. James W. Brown T a + Comnlaint. Southorn Railway Company # The plaintiff, complaining of the defendant, alleges:— Pirst:- That the defendant is a corporation, created, organ— ized and existing under and by virtue of the laws of the State of Virginia, and engaged in business as a common carrier of freights for revenue in the State of North Carolina and elsewhere, and was so engaged during the months of December 1905 and before said time. Second:— That at said time ond before the said defendant was in the control of and operating a certain line of railroad, known ‘as the Western Yorth Carolina Railroad, extending from Salisbury, North Carolina, via of Elmwood, North Carolina, and wost, and was « also in control of end operating other lines of railroad, connecting with said line at Barber's Junction and Statesville and furnishing means of connection and transportation of freights from Flrwood to Mooresville, North Carolina; and that it had at said time at Elm wood, North Carolina, a regular freight station and depot in charge of its assent whose duty it was to receive 11 freights of the nature snd kind received by said cormmanv for transvortation when ever tendered at said station, and to transport the same as pro— vided by law, Third:— That on or about the 4th day of December 1905, the plaintiff tendered to the defendant at its said freight station at Elmwood, %. C., certain Jumber, designated as furniture lunber, to the amount of two car loads, for shinment to Mooresville, N, C., where the plaintiff had sold the same to be delivered and paid for jrmediately, and upon the tender of said lumber, the plaintiff demanded of the said defendant's agent at Flmwood a bill of lading for said lumber, which the agent refused to give, and the said de- fendant then and there refused to receive the said lumber so ten- dered by the plaintiff for shipment, ond continued to refuse to re— ee ceive the same and did not receive the same until the 20th day of Decerber 1905, thus delaying the reqeiving of said lumber so tendered, exclusive of two Sundavs intervening, for the period of fourteen days. Fourth:— That by reason of the refusal of said defendant to re—- ceive the said lumber so tendered for shipment, so that the same might be shipped and delivered to the purchaser at Mooresville, as the plaintiff had contracted to do, the plaintifr has been greatly dan- aged: and the defendant am, by reason of said refusal to receive said lumber tendered for shipment, has subjected itself to the pendlty _ imposed by Section 2651, Chapter 61, of the Revisal of 1905 of , North Carolina. 5 Fifth:— That the nlaintif? is thus entitled to recover of the “defendant, as the forfeiture and nenalty prescribed by law as aforesaid, ‘the sum of fifty dollars per day for the said period of fourteen days a of refusal of the defendant to receive the said lumber tendered, making 6 total of Seven Hundred (%700.00) Dollars. Wherefore, the visintiff demands judement against the defend— ant for the sum of Seven Hundred (2700.00) Dollars, penalty as afore— said, amd for the costs of the action as taxed by the clerk, tA ( Nu A Py CY } ’ O Counsel for the eee James W, Brown beine sworn savs that the foresoing complaint is true to his knowledge, excent as to those matters and things therein alleged upon information snd belief, and as to those matters and things he believes it to be true, Sworn to and subscribed before PONT re ome pI ga AON 84 : ;™ ~ North Carolina In the Superior Court ® Ireddll County October Term, 1906. James W. Brown, vs ANSWER. Southern Railway Company The defendant answers the Complaint in this cause and for answer sav7S:- That it is a corporation duly and originally created, organized and existing under and by virtue of the laws of the State of Virginia , and was and is engaged in the business of a common carrier of freight and passengers for hire in the State of North Car- Olina and elsewhere. --Second-- The second paragyaph of the Complaint is admitted. --Third-- That the allegations contained in the third paragraph of the Complaint are not true and are denied. --Fourth-- Theat the allegations contained in the fourth paragraph “A, of the Complaint are not true and are denied. ' --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 cause of action the defendant says: --First-- That on the said 4th day of December there was subsisting a rule Enacted by the Corporation Commission of North Carolina valid and binding, which required the shipper to make application in writing for a car or cars to be loaded by him with any kind of freight and defendant avers that the plaintiff, shipper, failed and neglected to make said application in writing for a car or cars to be loaded with any kind of freight; and if written application was made by phaintiff on said date, the defendant avers that it did not fail and refuse to furnish a c2r or cars within four days from 7 o'clock A. M. , of the St day of D>ocemver, 1905, but on said date defendant placed two cars at a reasonably accessible point for plain- tiff to load his said freight, and which cars were actually loaded by the plaintiff or his agents on said 5th day of December, 1905. And having fully answered the defendant asks that it recover its costs in its behalf expended and so hence without day. S Q Cok rte Counsel for Defendant. bly Aunt. ___, makes oath, that he is the Local Agent for the defendant Company in the City of Statesville, North Var@lina, that he has read the foregoing Answer, and that the samc 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. r File f Sworn to and subscribed before me W- this the -#4-< day of MAGISTRATE SUMMONS. este tonnes ttt arnt ee maseenannconananennenn Me, CE re cena nnewenns a Hh Ce “=_:_._....... Township - Plaintiff kK. Sue Cenuss eee ceaeus cook County [ Betore Cog Vmax Von Ck. nie eace SZ Defendants | a Ii tn Shove LIfe, nd demanded DrliowLl said plaintiff le for costs. 190_7 bo. Veeck... done nee ee nee Justice of the Peace. SUMMONS FOR PLAINTIFF MAGISTRATE SUMMONS. Oribithin ee ene . County Ld [ Betore Ce. we rth Justice of the Peace STATE OF NORTH CAROLINA. To Any Constable or other Lawful Officer of You are hereby commanded to summons_ / u 0 ¥ and interest, or 8 le — - [, - le mnt CoA vy tik Se re Mh i. Wirdkhok RR, due by Meee. _ forcfotes! and demanded ‘by said plaintiff and for costs. Herein fail not, and of this summons make due return. This 19h day of __ bo e VVacks Do eeeney ener a waekde ces Justice of the Peace. SUMMONS BEFORE J.P. Township County Received Onan. Ly 1.1907 Served Drav, L } 4 MAGISTRATE SUMMONS. Betore Gy. Vg Vr oo Defendants | County, Greetings: Se township, county of ___/ __- ree . -- on the _ (he : Ce of (pla rll. rab Loare herb he nd demanded by said plaintiff and f ‘kK ss E, % ee Ae ee ee ee) 1907 - ¢ FEI fo at ewe ew een Justice of the Peace. SUMMONS FOR PLAINTIFF SUMMONS BEFORE epee eee Township County Received Cra Ze. Served. Pra. Ll, io MAGISTRATE SUMMONS. Cb Ab Cte. _. ... Lownship © Plaintiff; .... WA aA ee. ----_. County f Betore - ey Wha. Justice of the Peace County, Greeting 5: 4 and interest, or $ ay 40, Lik, (204, ‘osts. due ty foacnea Ub fashene T wf an demanded by ose plainti and for Herein fail not, and of this summons make due return. Justice of the Peace. SUMMONS BEFORE Jf. Township MAGISTRATE SUMMONS. } -| Sella Gee he. Township Defendants | rv and interest, or $ 2! due fo plea fosihc demanded by said plaintiff and for costs. Herein fail not, and of this summons make due return. This A. —— day of _/ SUMMONS BEFORE ne Township County Served_AZ¥ LL h___.1907 MAGISTRATE SUMMONS. (pel dh Cu. _....- Township Justice of the Peace STATE OF NORTH CAROLINA. To Any Constable or otber Lawful Officer of You are hereby commanded to summons _ townsbip, county of 3 Sa o’clock, at a M., to answer to complaint of _ for the non-payment ot £ | ; 2 i ’ and interest, or $.<_% _.S——~-- until _ foaik. of b Cae AM iknrvewd, 26. pr a~.29,/s07 & fly /4to07 demanded by said plaintiff and fot costs. due by fas san be fo Herein fail not, and of this summons make due return. This Leh ex ‘Ab ee 190_7 Lb a oY acted ea eeeecewee Justice of the Peace. SUMMONS BEFORE J.P. ee ee Township ce IEE et hry et [ Betore Cc t Wn _. Defendants | Justice of the Peace STATE OF NORTH CAROLINA. To Any Constable or other Lawful Officer of County, Greetings: a You are hereby commanded to sum eee ps tht - ff Cen Tihrarrraennt, Webs Prine. It, Np Fen ias,/9 y and demanded by said plaintiff and for costs. 190 - _.- AY. Vek a as Justice of the Peace. SUMMONS FOR PLAINTIFF Received Ore y _. 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Vy og 5 Savini Vile Sey Protas thay ON sit dl ~~ _ Le , t 4 \ At & SS otON bs snp FSIS mI SS mers dy rH rN 4ys5.y) 3 j ’ \ ; 4. man ns Sh ~\o5 ASV PAWN By f mR P\ wy 0) - j KL ff Ars ahr A Iso SWS noada Dy N . _ seated all Keinaps t05 weal cab) t Hoo root) qsooh 7 hs x+4 Rp; an rr Oy Tae Idan | whee ap choc cp saes Age acy arrestee ings ci Miss ng sist, AR TI RIT TS AY oa aN m5! : . , oy ; | | — £5 Kadsoo4) ot b y en why . foo Ayrrsd AY { SKS Lon} ar Yossi j awnro fy NS bm gased ( aft | $53) is a Sesstro ad bADS rrr AAS KD 95, | \ J Jorn iy Wyss alr gS Seren alll » LPM IS perro tS mh} nah RII 13,0. } , ort.) hy ’ REN f bh a” - BIS PANSY, ~ t ” i\ Ls 4 : Sapna wH fo wu sa 2 hah 7 — LAMR 45.5 yi » s : te _ fy 45 s Jy — a r9)\ R oy ‘foasso., ‘ . . : ° _ ft ' i ‘ mdot JA woh 4 f* . ) ~>! yi Cram ee eiedmesiets Defendants | Justice of the Peace STATE OF NORTH CAROLINA. township, county of idee o’clock, at f. M., to answer to complaint of yoo e W, Chk Ka. ([$,(227.. until ___/~ st VRC RL, Prom Fb te (227 x “xnd demanded by said plaihtiff and for costs. s- 7 Ca “O A on ee Lo Vachs. _.-.-.---.------.__-Justice of the Peace. SUMMONS FOR PLAINTIFF ! | | aS, page= Fae Warth Carolina In the Superior Court Iredell County July Term, 1907. Jas. W. Brown, vs SUDGMENT. Southern Rail ay Company. This cause coming on to be heard, and being heard at this Term of the Court By His Honor M. H. Justice, and a Jury being impaneled, when at the conclusion of the plaintiff's evidence the defendant moved under the act to non-suit the plaintiff, and the Court having@§ntertained said motion that the plaintiff was not entitled tor ecover , Ordered that said action be dismissed. It is, @herefore, upon motion of L. C. Caldwell, Attorney for the defendant, considered and adjudged by the Court that the action be dismissed, and that the defendant go hence without day, and recover its costs. Judge Presiding. Bill of Costs,—Civil.—Prirted and ee ba oN ak Reisinton, or ot ogess, ing all 3 | . names therein....d.0K.057..».... 2 ee ea aceueMesatessceteetsconss+s $1.00 dl. a sespsecucees | esepenves MO oot an Docket... Every copy of same 25 2S rT - IN THE SUPERIOR COURT . County. Bon Reewwereeerececeeesteceeneestesares sen eceessastescereesacesnes Cewsneeeeenssseewewronesseseees Order of Arrest Referee’s Allo Constable Plaintiff's Witnesees.... OPP Itt iriir iit rari) including Justification.............cc-...s+ sssssssscsnessesssessseesees 60 || o.ceeceeeee DN one coccclecee cov Impaneling Jury Soeereeccenscese Injunction Order, including Bond and and Justification..... ..... DIOO ll cececenceces |sececeiesl tree ceceeeee]e Subpena, each name Notifying Solicitor of Removal of Guardian. .. ............. 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Yn, patil LEE, ihe ae ‘2 s 4 ? North carolina In the Superior Court Iredell County ’ October Term 1907 Jas W. Brown, plaintiff. vs Southern pailway Co, defendant. These causes,nimbered respectively on the docket of rredell Superipr Court, 29-30-31-32-33-34r 35-36- 37- 38- 39- 40- 41- 42- 43- 44-46 46-47- 48- 49- 104- 105- 106- 167- 108- 109- 110- 113- 112- 113- | 114- 115- 116- 117- 118- and 119- coming on to be heard and it ap- ' pearing to the Court that the same and each of them has been com- promised andsettled between the parties plaintiff and defendant for twenty five (25( per cent of the amount as appears in the judgments rendered in the Court of the Justice of the Peace; It is therefore considered and adjudged by the Court that the plaintiff recover of the defendant twenty five (25) percent of the amount of each sum as set forth in the judgment of the Justice of the Peace, and it is further ordered by the Court that the Clerk of the Court ascertain the amount upon the basis above set forth and enter the same as the judgre nt in each respective casec+~ A, Th. 22S Pa, Curt of - Met fe Ece. Judge presiding. Agreed Judgment Counsel for plaintiff. bf. CoCowehe Counsel for defen dant North Carolina # In the Superior Court, Iredell County # October Term 1907, James W. Brown | # vs. | it Notice to defendant. Southern Railway coneaas # The defendant Southern Railway Company and its counsdl - of record in the cases of James W, Brown: peepee if the Southern Ber ray Company, now on the calendar for trial in “he” ‘Superior. Court of... ; Iredell County, Nos. 29 to 49 inclusive” varios. 104 to 119 inéListve : will také notice that the pleintife. dongnds?thg, production at ne trial-of.said causes respectively the Fratton, “Gppiications Or the i ey YF plaintiff for cars and the wr¥fien demarids of the plasdtire for the penalties as provided by RitLe 9 of the Gorporasion tomnisston as. “4 promulgated om the 9th day of July 1903, which app2ications and..d9— mands were made by the plaintiff or his counsel-in ‘seid“cases r9— svectively; and the said defendant aad its Sounseweili take notite a | further that if said written applications and demands of the pkmkmxxitx plaintiff are not so vroduced by the defendant in whose control they are, the plaintiff will offer parol proof of their contents upon the trial of said gauses, This Nov. 4, 1907 Lert. nsel for the Plaintiff, 2 = ce a ee ver 2 kas a. W,; Brown : vs. {27 | OTT a_i gat | | : - pe Cadre | { } How G (V0 x } ¢ bea ag WA A Ut iag. E MH Ke, Railroad Records 1907 North Carolina In the Superior Court _Eredell County October Term 1907 W.L.Upright, plaintiff Judgment. vs S6uthern Railway Co, defendant. yO These causes numbered respectively 54 and ace the Superior Court docket of Iredell County coming on to be heard and it ap- pearing to the Court that the same have been compromised and settled by and between the parties, for the sum of twenty five (25) per cent of the amount of the judgment as found by the Justice of the Peace; It is therefore considered and adjudged by the Court. that the plaintiff recover of the defendant twenty five (25) per cent of the’amount of the judgment as ascertained by the Justice of the peace, and it is further ordered that the Clerk of the Superior Court of rredell County ascertain the amount and have his docket show tha same , with cost. Consent judgment Judge Presiding anaes mE 4 ’ Counsel for plaintiff. LC Cale _ Counsel for defendant. North carolina. In the Superior Court Iredell County October Term 1907 H.N.Johnson and Company v8 Judgment. Southern ,ailway Company. Thes¢ causeg, numbered respectively, O5=« 86+ 67 89= 90-and 2T coming on to bé.heard, and it appearing to the Court that the parties have compromised and settled the same upon the payment by the defen dant to the plaintiff of twenty five €25) per cent of the amount fo found to be due by the Justice of the peace; It is therefore considered and adjudged by the Court that the plainyiff recover of the defendant twenty five (25) per eent of the ~ amount found to be due, said amount to ascertained by the Clerk of + atiwm. - the Superior Court mA Tn Cn of Hone Agreed Judgment . Judge Presiding 2h ps Teh at counsel for ees LL Coss ccc Counsel for defendant No'th Carolina In the Superior Court Iredell County October Term 1907 G.0.Cornelius # Co vs Southern *Bilway Co These causes, numbered respectively 99- and 1000n the docket of Irdell superior Court coming on to be heard and it appearing that the | plaintiff and defendant have settled the same for the sum of twenty five(25) per cent of the amount found to be due by the judgment of the yustice of the peace; It is therefore considered and adjudged by the Court that the plaintiff rectver of the defendant the sum of twenty five (25) per cent of the amount found to be due and owing by the Jus- tice of the peace, and when ascertained by the Clerk of the Court said Clerk will enter the judgment accordingly pel A ¢ & Wiper aHiaont - AL 5a Judge presiding. Agreed Judgment. Counsel for plaintiff Counsel for defendant