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Railroad Records 1908
~ Iredell County Railroad Records \ 1908-1912 C.R.054.925.8 Railroad Records 1908 SUMMONS FOR a and for sale by Brady, The Printer, Statesville, N. C. 4-21-'07-1M. Senn Re ese County.--In the § uperior Court. oe: | saad SUMMONS FOR RELIEF. / State of North Carolina, To the Sheriff of LN ____County— GREETING: Don are hereby Commanded to Summon . a | soe esceemoee | the defendant _...above nanied, ‘ig ach send be found within your eee before the Judge of Superior Court, at a Court to be hel he County of... 7. ¢ Sepang at the Court House in uckhr FLO...on the Monday after the... 7 <. Monday Gan 2 <a” AGO ? the same being the... 2 od et day of 7 £ p a 190. Fs and answer the complaint, a copy of which will be deposited i 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 it aTt thes fail to answer to the said complaint within that time, the plaintiff... will apply to-the Court for the relief-demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, 7 sNecalevteaterd day of ees as 190....... Clerk of supcrior Court Fr ht County. oe ¢ STATE OF NORTH CAROLINA, In the Superior Court. iin County. AGAINST We acknowledge ourselves bound unto...........\) penser erent sees yres ase eevee eine peaear ep osee states the Defendant............., in this action, in the sum of 7 pang seastiroeecea ess Dollars, to be void, however, if the Plaintiff vas /. Shall pay the Defendant... -all such cost as the Defendant.............. may recover the laintiff........... in this action. | Witness our hands and seal, th\j.......Z... day of...... A. D. 196... Se eee pervect ececareveerv eset nema avian (Seal.) Er roment Ses hcp pec peters cetera aoe a eee (Seal.) Soot cia gee ehcp eee vasepeeeeceaerev oe career CMI.) Seopa erate aenasen caer memaeensscelcne I erate iveteaiai baa tic cies being sworn says he is worth the sum of two hundred dollars / over and above his debts, li#bilities and property exempt from executions. Sworn to and subscribed before me this................. tee et ee neem neem ene nner en cen e enero ec wen ncet ween eee ose. de OJAI. ccee gta NG Yo 8 PE As Ne ex | Sit oo = & | wie E 3 5. | } iA? 2 % : Dy, a = et tt, North Carolina In the Superior Court Iredell County May Term, 1907. Mrs. Hattie G. Kyles, Plaintiff Southern Railway Company ,Defendant. The defendant answers the Complaint in this action, and for answer says: --First-- That it is a corpa ation duly and originally created organized and existing under and by virtue of the laws of the State of Virginis; that it owns and operates a line of rail- was in worth Carolina, extending from Salisbury to Asheville and other points. West. --second-- That, the defendant supposes the allegations of para- graph second to be true. --Third-- That the allegations contained in the third paragraph of the Complaint are not true and are denied, except that por tion of said paragraph which alleges “her husband was on the night of the 19th of January ,1905 killed." ~~ --Fourth-- That the allegations contained in the fifth paragraph of the Complaint are not true and are denied. - -Sixth-- Toat the allegations contained in the sixth 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 if B. A. Kyles was killed by the cars of the defend ant, his death was occasioned by his own neglic ence and care- lessness in placing himself so near the track, as to be stricken by the moving train, and if his body was mutilated y by said train or trains, the same was caused by :his own care lessness and negligence in placing himself where he would be stricken and knocked down and run over by the cars. =-Second-- That, if the said B. A. Kyles was mutilated or run over by the cars passing over his body » the same was caused by the carelessness and negli ence of the said Kyles, in fall- ing off and under the cars upon which he was riding » in his attempt to get off a rapidly moving train, all without any knowledge upon the part of the defendant. And having fully answered the defmdant asks that it re- cover its costs in its behalf expended, and go hené@ without i Attorney*fer the Defendant. W. P. Maher, being duly sworn, skys Bhat he is Local Agent of the defeniant Company, at Statesville, N. C., that e the foregoing Amswer is true of his own knowledge, exeept as to matters and things therein stated upon information and belief, and as to those he believes it to be true. Sworn to and subscribed to before me this wen- day of “------ Civil Subpoenas—ror sae BY THE MASCOT JOB OFFICK, STATESVILLE, a c. _ STATE OF NORTH CAROLINA, Go the Sherttf of - Qunun Cr Co pny Greeti AOU ARE HEREBY COMMANDED TO SUMMON CE ss. lege ie personally to appear befo é the Judge of Superior Court, at thagiatsCour tO He > ee, yh Cafesyx {Le in wag ones tae said Court depending, and then i ee Plaintif , and a £ , Clerk of our said Court, at office in hig Cat. L549. Monday in: ingle P UP 2 /; e or W/ / jo “3 Cl. Spe “OL | oe Le ey ‘mre fae | o- all Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF fr OL Ase IP epapetelsconmanne to Sum personally to appear before th the Court House jn he . next, then and there to testify"and the truth to say in behalf of inva certain contgoversy before sat > Court depending, and then and there to be tried, wherein Defendent And this you shall! in no wise om, under the penalty prescribed by law. - : ‘ : a x” Po a om a : x WHtness -.2. 8 fe ecPar kate emerson ee , Clerk off our said Court, at office in Monday in ~——SUBPOENA--tivil North Carolina, In the Superior Court, Iredell County, November Term, 1907. Hattie G. Kyles, Plaintiff, -vVs- AFFIDAVIT. Southern Railway Co., Defendant, ) Hattie Kyles, being duly sworn deposes and says: That she is the plaintiff in the above entitled action; and at the Novem- ber Term of said Court, a judgment of non-suit was entered a- gainst her in said cause, and that she a: pealed from said judg- ment to the Supreme Court of North Carolina; that she is unable, \ by reason of her poverty, to make the deposit or to give the . hatang Ma North Carolina, Iredell County, We, the undersigned, practicing attorneys, in the Superior Court of Iredell County, North Carolina, do hereby certify that we have examined the case of Hattie G. Kyles against the Southern Railway Co., and that we are of the op- 4nion that the decision of the Superior Court rendered in said action at November Term, 1907, of Iredell Superior Court is contrary to law. 8 North Carolina Superior rourt Iredell jounty November Term, 1907. Hattie G. Kyles, vs JUDGIGINT. Southern Railway Co. This cause coming on to be heard, at this term of the Court, before His Honor-M. H. Justice, Jude and a Jury, and deing heard upon the whole Record and the evidence introduced in the cause, and the defendant at the close of the plaintiff's evidence through its counsel , having moved the Court to non-suit the plain- tiff, and it appearing to the Court ‘pon the whole evidence that the plaintiff was not entitled to recover: It is , therefore, considered and adjudged, upon motion of Le G. Galdwell, Counsel for the defendant, that the plaintiff 4s not entitled to recover, and that she cannot maintain thts action, and that the same be and is hereby dismissed. AL AA pea « Judge’Presiding. Hattie G. Kyles vs Southern pailway Co. North Carolina, In the Superior Court, Iredell County, November Term, 1907, Hattie G. Kyles, Plaintiff, vs Plaintif?, Appellant's Case Southern Railway Company, on Appeal to Supreme Court. Defendant, This action was heard before His Honor, M. H. Justice, Judge, and a jury at the November Term of Iredell Superior Court, 1907, and being a civil action brought by the plaintiff, Hattie G. Kyles vs the Southern Railway Company, for the al- leged wilful, wanton and reckless mutilation of the dead body of her husband, B A Kyles, and also the careless and negligent mutilation of said body, and the negligent failure to gather up the remains and prepare the same for burial and for damages, 811 of which is' fully set forth in her complaint. The following is the evidence: (The Clerk will here copy the evidence.) At the close of the evidence the defendant moved for judgment of non-suit; motion allowed and the plaintiff except- ed and appealed to the Supreme Court. Notice of Appeal waived. Upon affidavit and certificate of counsel, the plain- tiff is allowed to appeal without giving bond. Thirty days allowed, by consent, for the plaintiff to serve case on appeal, and thirty days thereafter allowed de- fendant to serve counter-case or exceptions. The Summons, Complaint, Answer, Affidavit and Oertif- icate of Counsel, Order to appeal without Bond, Record proper, the judgment, and the evidence, as above set forth, shall con- Sn. ©SLEA__ LOE API stitute Case on Appeal. This November 26th, 1907. - — = oo - ‘- BALL. tbnmen Dow - AO Srey acne iee i : . | Sa eit Lat- , Law Loom Cees SOKA ncaa, Le hat, & | ~ Kh Shires Me oe | eeepc — Pk awn, ce Lrenesit - fod ow Lasrfew - Pte Read Beer Ges om Ep Lecter hunk ~ Hesrk + Condi AH oh ~ pretend Cee Celt, Ae ere Ketek on Bietyy A022 © eon tan pln. Bone haus Peete Lay eurang - Femi Lone if Forks - fn Leman A te (fie of Kea ae lhe See CCperpert Aaa AA SA~— omy Katt A. Cat? Frac on to, a Cafhhe p Arend GAS - Pmt Plaprnank tatu, aA 7 Anats Ae _ Ame Larrrtahh. Care | { | | | i i j | | i \ wy Po Ne RY ,; ™ Sy ho Wah — y 2S 7 2s \ S ie (ltscee pl Mar Ste lhring tery Yorn td ow Ch hoa. wy Lk feat peter wi Lowk ahpnk steele Cele ~ tence Lew SRO CAO Oe $F Aetes Lom Eod - OA éin7 Cntrzhe Lh ~- The Kberey sereiendcif, | KK teennke AP Scleet/ — | Fak, Pome ome Liteog foe Cw zk hak I Lo wwla cust, Cfo Fy ieee), wa | Fee Leg a Se bia — foe Baran aaeet commer oon a a AP. CPEN-- lee ee aCe Pit‘ A | 2 haa AE an Mit A awe , Sctimplde n ds omed Armmagy ftom a , ffm Conky oman Steer 8S -—— Ak ae “7 0 ee ee Le A LEELA Sp} ae a . NORTH CAROLINA. Term, 190.4 SUPREME COURT. 0. Cree cocecccsssees.. Gout, error in the record and proceedings of said Superior Court. 4: It is "Ve 0 and adjudged by the Gourt here, b the opinion-of the Gourt, as delivered by the Honorable./ Weller. Ctark LA . YUH GLb. ff oan, Justice, be certified to the said Superior Gourt, to the intent that 4” “Mba Crake Ge GAN . to-wit, the sum of and execution issue therefor. nthe A True Gopy: Glerk of the Supreme Gourt. a” Kyles x, So, Railway. Qo. #356, Iredell, Brown, J», concurring:—- While I am of opinion that his honer erred in ~ sustaining the motien to non-suit, the grounds upen which I base this eenelu+ sion are entirely ‘different: from’ these stated. in the epinion ef the court, . The plaintiff elnims damage ef the defendant. - 7 | (1) Fer that. the servants of the defendant, its engineers, wilfully, wantonly ‘ and brutelly mitilated the’ dead body of her. husband, (2) For the -Regligent fadtiure te gather up his remains and prepare the same for burial. | A most eareful examination of the reeerd convinces me that there is ne evi-~ --denee te suppert the first allegation, either as against the engineers, the , -Sectien master er any ether employee of the defendant. | ‘I should be loth te charge any man with the wilful, wanton and brutal mti— lation of the dead, mich less those men who daily take their lives in their hands for eur benefit and whe belong to a profession whose unpretending, self . sacrificing heroism has been immortalized in song and stery. Many of them in endeavoring to save the lives of those committed te their care have held an unfal tering hand upon the “lever when they knew they were rushing enward te eertain death, | Many Qamse =herees of the throttle have, like Jim Bludsee- "Held her nezzle agin’ “the bank, 'Til the last galoot's ashore,* and then died at the pest of ats that others, “whom they did not even know, ‘might live, . | The evidence, to sustain ‘sueh.ar aceusdtion and against such men, should be ‘ clear, not only as te fact of mtilation, but that the engineers of the defend~ | ‘ant did it wilfully, wantonly and therefore knowingly, | | : The evidenee, taken on the trial was all introdueed by. the plaintiff and as. ee peea At, there 3" “nd thing te show e wilful #nd wanten mtilatien upon the part ef any engineer ef the defendant, or any other employee ef the defendant. It is admitted that the deceased was not killed threugh any negligence ef: ‘ae- fendant's servants and no elaim is made for such negligent killing, fhe evidence tends te prove that plaintiff's husband, Rebert Kyles, an \ 7 _empleyee of defendant left Statesville en Jamary 19, 1905, on defendant's “train for Landis, Oabarrus County, and that he intended to stop off somewhere that night enroute to visit his aunt. It seems to be conceded that the de- ceased never reached Salisbury end it appears that he was killed somewhere near the four mile post from Salisbury. At that peint blood, brains end hair were first discovered on the rail. Further down the trunk of the body was found, rolled over end lying in between the rails and almost unrecognizable as that of a human being, The watch of the deceased was feund near the four mile pest mashed iv sand the hands stopped at 7 1/2 mimtes to 9. The engineer Keever of train No. 12, testifying for plaintiff, states thai his train passed this spet at 8,53 Pe m3; that his electrie head-light was shewing shining and that he neither saw nor’struck any one on the treok and if he had struck a men With the pilet of his engine he would have known it. ‘There is ne evidenes that the deeeased was struek. by. any engdne aud the condition of the body re- pels that theery. All the évidence tends to prove that the Bedy was not thrown from the track by the pilet, put that the fragments of the body, limbs, blood, hair and clothing were earried esstward for a mile or mere from the peint on the track where the evidence of His death was first seen, It was on an east. bound train that the decessed left Statesville on the evening of the 19th. and it is a most reasonable, and in faet about the only legitimate inference to draw from the facts and circumstances in evidence, that the deceased fell frem the train upon which he was travelling, between the cars, and becoming entangled in the machinery under the cars, was ground up and his body erushed and dismembered in the running gear and rods under the ears and his flesh and” blood scattered for seme distanee along the track, _It would require only a second or two to de this at the usual speed ef a passenger train. Assuming that during the night defendant's engines passed over the remains - as they lay soattered along the track between the rails, it was ignorantly — oe - done upon the pert. of the. engineers. It. cannot be said to have been wantonly . 3 and wilfully done unless knowingly done, There is not a scintilla of evidbline that any engineer of defendant knew that the scattered debris of a human dedy ./ were anywhere on the track ‘untar’ “next morning. The only part of the remadns ¥ found between the rails ~ (nothing was found on the rails except blood and hair).~ was the trunk of the body with an arm doubled up under it and 2 hand | vO” | and a foet and legs. The bedy was rolled over, lying in between the rails in _ an unrecognizable mass. The witnesses testified that"it was s mighty hard mat- ter to te11 what the body was by itself." The legs were equally as difficult to recognize and were 100 yards west from ull All the evidence shows that if the engineers. ran over these remains during the night they net only did it ignorantiy but that. no jana mage eould have from the cab window of a rushing engine: : aiscevered wnat they were, As to the actual mtilation by ‘passing sretes: during the day, after the re- mains were discovered to be those of a mumain being, there is hardly ‘a scintilla of evidence, and ppeetueriy oti oe to indieste wanton and wilful injury. | After the body was discovered peat day, the witnesses testify that the pass- ing trains were stopped and passed Slowly over the body without touching it, ex- - cept in ere taceence One witness states that in passing over the dead trank peraen the rails an engine red on one engine touched the shoulder but did not evut or mutilate it. Why these remains were allowed te remain on the track all day is best explained by. plaintiff's witness J. M. Rice, whe says: "Q, Why was it you did not take his body off the track before that? . A. "We did not think we had any right to meve it. People said not te move it until the coroner got there. Some eed move it and others said dont until the eoreneveomes, * » : Q."And aftdr. the coroner came the remains that had been found up to thet “tine were picked up and taken te Salisbury?" A. “Yes sir.* | The persons who insisted en net touching’ the remains untdd the corener came were the eibizens of the. neighborhood | ‘and they» were governed by what we all know to be a very prevalent error as to the requirements of the law, I fully agree with the learned counsel for plaintirr that the defendant owed the pleintiff the duty te gather the body of her Iisband and its fragments, found on its track and to deeently pretect and-prepare them for burial. A negligent failure to do se is an infrinzement of the plaintiff's legal rights snd therefore actionable, Thereforé if the seetion master negligently permitted the remains to be. exposed on the mex and failed to preperly care for them the de- fendant would be liable to plaintiff in damages for such actual physical, ine lud- ing mental suffering, as she sustained by reason of the knewledge thereof, not—- withstanding the fact. that the section master acted in goed faith and under’ a mistaken sense of duty. me If there was any evidenos that the section master oe te remeve ‘the remains r nw from a wilful, wanton or malicious motive, l should say that in addition te actual or compensatory damages, punitive damages would be allowable in the diseretion ef the jury. But there is no such evidence “tin the record, It is perfectly evident from the testimony ef Rice and other witnesses that the seetion master failed to remeve the body out. ef deference to the prev—- alent epinion that the corener mst first be sent for. Accordingly, a testified ‘to by L. A. Rice, the section master left ene of his men in eharge ‘ef the body and went at Once to Saatswaby for the coroner and re- turned sometime before the eorener arrived. me ‘Qéslarations of the section master manifesting. some amet tena, at: the prespeet of Se the night guarding the remains. while waiting | for. kh cerener, were properly " exeluded, After the eeroner arrived the remains were gathered up ‘under. ‘his directien, preperly eared for and carried to Salisbury on the next . train, | | | The detsils of this arin sueseoee are well caloulat Lateg op, ghock sny one, and te disturb .13t io serenity and impartiality all eases should be considsre@ . But I an glad to say, for humanity's sske that & Sarelul examination and meawwpe mature censideraticn of the record convince me that, yee the, section master erred in his duty, through an honest mistake, there is no evidence ef wilful, wanten intentional er. reckless brutality upon the oo of any one. ; I think the judgment of nenssuit Should be set aside and 7 new trial ocdered slong the lines laid down in this Net and A 15 So ordtred - ‘ je - SUPREME COURT OF NORTH CAROLINA; Feb. term, 1908. + 356, Iredell, Hattie G. Kyles, appellant y, Seuthern Railway Oe. Armfield & Turner and H. P. Grier fer plaintiff; L. OG, Oaldwell fer defendant, @lerk, S.J, ‘This’ action 1s brought by the widew of an empleyee ef the Seuthern Railread Ge. It is brought against that eorporatien and net against any of its employees, The complaint alleges (1) The eerelsas and negligent mtilatien ef the dead bedy ef her husband by eontinueusly running its. train back and forth ever it, for nearly 24 hours after the killing, the bedy all this tame lying expesed on the track between the rails. (2) The wilful, wanten and reeklesg mtilation ef the dead body ef plaintiff's husband by above re- eited econduet. (3) For negligent faizure te gather up his remains fer barial, in that a portien ef his remains were net sent home but lay aleng side ef the traek fer four days till gathered up by relatives who carried them home, reopened the grave and buried these remains with those whieh had been sent by the defendant cempany, There is no allegatien ef wrong- ful death er negligent killing, in whieh ease the cause of action is ere- ated by the statute and is vested in the persenal representative, Rev. 693 Killian v. Railread, 128 N. 0. 261. As the court below granted a non-suit, if there is any evidenee of either ef the matters alleged, whether ef wilful and wanten or merely neg- ligent miscendnet, ‘the nen-suit mst be set aside, as they are net 4 separate eauses of action, and it is not necessary te discuss the testi- mony farther than te ascertain if there is evidenee ef the eause of action te subeit the case te the jury. Matters in defense er in exculpatien have ne place here, but sheuld be heard en the new trial belew, Was there any cvidencse of mtilatien ef the dead bedy ef the. deceased, except that ineident te the killing? If se, His Honor erred in net submit- ‘ ting the ease te the jury. In eonsidering this questien the courts will accept the evidence in the most favorable light te the plaintiff, and if there is any evidenee, ef if different minds ean draw different conclusions, it is the duty ef the trial judge te sutmit the ease te Ye, jury. House Ve a Re Rey» 131 N. C. 103; White v. R. R., 121 N. C. 484; Whittkowsky v. Wasson, 71 N. C. 454; Moore v. R. R., 128 N.C. 455. The body was found on the defendant's track; head, pool of blood, hair, eye balls, etc., near the four mile post from Salisbury; arms and legs seventy-five yards farther in direction of Salisbury, and the body 250 or 275 yards from head in the same direction, Hair, blood and parts of body along track, inside and outside of the rails, fpr some distance, and evidence that body was dragged and knocked from one side of the track to the other; hair on angle bars, or nuts where the rails are joined. The body was stripped of its head, legs and arms, and all clothing. Over- coat found near the place, torn and cut; a piece of it was found one mile’ east of the body, and a pocket west of Statesville, 27 miles therefrom - in a different direction - the drawers were picked up on the track one-fourth of mile west from body. Between 9 o'clock on the evening of the 19th. and six o'clock on the afternoon of the 20th. the body and its fragments lay strown up and down the track between the rails, and were run over by every passing train. During this time 15 or more trains passed over the defendant's track, six or more during the night, and six or more during the day, after the defendant's agents discovered the body, and one train was seen to strike the body as it lay upon the track. The watch that the deceased wore was mashed, anc the hands pointed to 7 1-2 minutes to 9 o'clock. Train No. 12 passed the four mile post going towards Salisbury and the scene of the killing, about this time, with a full head light; the track was straight for one mile each way, and no object was discovered upon the track, as the engineer swore. Train No. 50, from Salisbury, passed No. 12 near that city, and passed the four mile post a few minutes thereafter. This last train evidently struck the de- ceased first. That the body was further mutilated is shown by the fact that the headless body was 250 or more yards east of the four mile post; tha drawers were found one and a quarter west; a part of the overcoat a mile east; pocket of overcoat 27 mbles west; arms 75 yards east and on norht side of track; legs still further east and on the south side of track; head near the four mile post, and hair all along down the track on angle bars; trunk all rolled up in cinders and-dirt, and mangled and mutilated beyond recognition; and a dozen or more trains passed over the body, as already Stated, and one was seen to strike if. This evidence of all these af ~e ue i things can hardly be reconciled with the theory that only one train struck the deceased. ‘ The evidence indicates rather that the body was stricken after death, by different trains going east and west, and that it, and parts thereof, were thrown hither and thither, backwards and forwards by the passing trains, going in ppposite directions. This was an infringement upon the legal right of the plaintiff to have the body for burial in the condition in which it was when life became extinct. To hold otherwise would be a violation of "rights and duties recognized by the laws and usages of socie— ty, as growing out of the natural relations of human beings to each other, and the divine and human laws which bina society together." Thayer, Judge, All the employees of the defendant, who participated in the mutilation of the body, were retained in the defendant's employment. This was a rat- ification, and it cannot be heard to say that the act was unauthorized. 12 A&E, (2 Ed.) 36, et seq. The non-suit, however, it seems was granted not on the ground of lack of evidence to support the allegations of fact in the complaint but on the ground that they did not constitute a cause of action. As this is the first time thatsuch cause of action has been presented in the history of this court it is proper to review somewhat the authorities elsewhere which sustain the propositions that mutilation of a dead body entitles the a surviving husband or wife (and if none, the next @f kin) to recover com- pensatépy damages for the mental anguish caused thereby, and in addition, punitory damages if such conduct was wilful and wanton, or in recklessness of the rights of others. | The right to the possession of a dead body for the purpose of preservation and burial belongs, in the absence of any testamengary dispo- sition, to the surviving husband, or wife or next of kin, and when the widow was living with her husband at the thme of his death, her tight to the possession of the hu@band's body for such purpose is paramount to the next of kin. Darson v. Chase, 47 Minn. 307. A widow has a right of actiomfor the unlawful mutilation of the remains of her deceased husband. Larson v. Chase, 47 Minn. 307; 28 Am. State 370; Foley v. Phalps, 37 N.Y. Supp. 471. | While a dea& body is not property in the strtét sense of the com mon law, yet the right to bury a corpse and preserve its remains,is a legal ri Mh DE a’ <A --Pight, which the Courts will recognize and protect, and any violation of it * will give rise to an action for damages. 8 A & E (2 Ed.) 834 and cases Gited; 13 Cyc. 280, and cases cited. While the common law doés not rec- ognize dead bodies as property, the Courts of America and other Christian and civilized countries held that they are quasi-property, and that any. mutilation thereof is actionable. Larson vw. Chase, supra. This is not an action for the negligent killing of the deceased but an action by the widow, 8 A&E (2 Ed.) 838, and cases cited, for the eitpal. unlawful, wanton and negligent mutilation of his dead body. She was entitled to his Pemains in the condition found when life became extinct; and for any mutilation incident to the killing, the defendant would not be liable, but is liable, in law, for any further mutilation thereof after | death, if done either wilfully, recklessly, wantonly, unlawfully or negli- gently. Larson v. Chase, supra; Foley ve Phelps, supra; R. R. v. Wilson, 123 Ga. 62; Lindh v. R. R. (Minn.) 7 Le. R. Aw (N. S.) 1.088. Where the rights of one legally entitled to the custody of a dead body are violatad by mutilation of the body or otherwise, the party injured may, in an action for damages, Pecotes for the mental suffering caused by the injurg. Perley Mortuary Law 20; Reniham v. Wright, 125 Ind. 536; Larson v. Chase, supra; Hole v. Bonner, 82 Texas 33, In Larson v. Chase 47 Minn 311, it is said, discussing this cause. of action “Where the wrongful act constitutes an infringement of a legal right, mental suffering may be recovered for, if it is the direct, proximat and natural result of the wrongful act. It was early settled that sub- of stanti@® damages might be recovered in a class of torts where the only in- A . jury suffered 1s mental - as, for example, an assault without phgsical con- tact. So, too, in actions for false imprisonment, where the plaintiff was _not touched by the defendant, substantial damages have been recovered, thous yp, physically the plaintiff did not suffer any actual detriment. In an action for seduction, substantial damages are allowed for mental sufferings, al- though there be no proof of actual pecuniary damages other than the nom- inal damages which the law presumes. -The same is true in actions for breach of promise of marriage. Wherever the act complained of constitutes &@ violation of some legal right of the plaintare, which always, in con- templation of law, causes injury, he is entitled to recover all damages which are the proximate and natural consequence of the wrongful act. That POPPA LEE 2 tile ctperattgin a mental suffering and injury to the feelings would a and prox=- imate result of knowledge that the remains of a deceased husband had been mutilated 18 too plain to admit of argument." This case cites Meagher v. Driscoll ‘99 Mass. 281 where a father recovered damages for mental anguish in digging up and removing the body of his child. Chase v. Larson supra is quoted and fol lowed by many cases among them Foley v. Phelps 57 N. Y. Supp 471. | | “Where ee injury inflicted upon the plaintiffs was an unlawful and unwarrented inferference with the right of decent burial, and such conduct was wanton or malicious, or the result of gross negligence, or reck- less disregard of the rights of others, exemplary damages may be awarded” Wright v. Hollywood 112 Geo. 884. : This whole subject 1s fully reviewed with full citation of author- ities sustaining the right of action, for compensatory ames for reckless indifference to the rights of others, by Judge Dodge in the late case (1905) Koerber v. Patek 123 Wis. 462.- 467. In Lombard v. Lennox 155 Mass, 70 it is said “If the ordinary and natural consequence of the tort is to cause an injury to the feelings of the plaintiff, and if the acts are done wil- fully or with gross carelessness of the rights of the plaintiff, damages may be recovered for mental sufferings.* To same purport 1 sods Dam (8 Ed.) secs 453 - 47; 1 Suth Dam Sec. 95 et seq. | . The defendant also owed the plaintiff the duty to gather the body, and ite fragments, and prepare the same for burial, and a negligent failure to do so was an infringement uron her legal rights, and, therefore, action- — able. Commonwealth v. Susquehanna Coal Co., 5 Kulp. 195 (Pa. case, 1889.) Scott v. Riley, 40 Leg. Int., 382, (Pa. case.) Parts of the body were left along the track and gathered up by the father on the Monday following. It 1s no answer to such negligence or indiPferenge\to say that the de- fendant did not remove the body fro: the track, becaude waiting for the cor oner. .- Hhmanity and decency required that the body and its scattered membes should be reverently picked up, and laid off the track in some near by spot sheltered by a covering from the sun and flies and dust, and irreverent eyes| * : and protected from fi} dogs by some better agency than, according to the testimony, the volunteer aid of small boys attracted thither by curiosity, but who showed more respect for humanity than those who represented this defendant, On this condition of affairs being reported to the proper ofri- \: cial, he should have seem that euch steps were promptly taken. as were fe- > 7 “ Sit al ‘ 1 ime ee ” ot News we saat zs mo zs a ae © ae 47 toi - quired by decency, and the respect shown in all civilized community to the deed. 8 It. could in no wise aid the investigation of the coroner to expose %, Ee. the headless body on the track, beneath the passing trains, becoming be- grdmed with cinders and dust beyond recognition, nor, was there excuse for leaving the other portions of the body uncollected and scattered up and down the track and for days even, after a part of the body was sent home. Besides there was negligence in keeping the body for 1l hours, waiting for a coronér, when Salisbury was only four miles distant. . The President of defendant company was unfortunately killed on its track not long since. Wes his body thus kept a the track, to be run over by sascideaetl day long, waiting for pe coroner? RE & 2b0ve facts if sustained on the trial will entitle the plaintiff to recover damages\, for mental anguish foe such indignities to the body of her husband and punitive damages also if the jury find that euch conduct was wilful and vancen or in reckless indifference to the rights and feelings of the plaintiff and to their own duties. The jury should, howev@® be cautioned, (as in actions for delay in delivery of telegrams concerning sizkness and death) to carefully dissociate this from the plaintigf's grief at learning of the death of her husband, for this action does not — concern that phase of the case. Nor is the plaintiff entitled té recover anything far grief at seeing the condition of the body in the coffin. She knew, or her friends should have told her, of the condition of the @umgi remains and she herself is to blame that she chose to look in upon then. It may have been a natural impulse but the defendant is not responsible for the mental anguish resulting therefrom. The deceased ‘may have moved in the humbler walks of life, but to the plaintiff he was husband and the father of her children. It was her righty Old.as time, as broad as humanity and as deep as the heart of man that his mortal remains should be treated with due respect. So far as the defend- ant through its agents, recklessly, wilfully or negligently failed to do this it has violated her rights under the law, What damages will compen- sate her for the mental anguish the defendant's conduct .has caused her and what would be proper punitory damages for the recklessness, negligence or indifference of its agents (if proven), is 4 matter for a jury of her 2 countrymen to determine subject to the supervision of a just judge, that & > ia® 2a : exes 0 Sees - an excessive sum be not assessed. The non-suit is set aside anda new trial ordered. ERROR. Ad bre fy - fare fr S hawitl. Sse es DISTRIBUTED x | ; SATURDAY APR 18 3 x RR OCs 8 eat lg ie koe e EP ie EI oy ty . LNA lg 0 PALATE TMi Siete + é higedt ape ES vw } ; 3 . f . ; A * 8 Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. ‘ 2M—5—,04 STATE OF NORTH CAROLINA, TO THE SHERIFF OF...... Poon. County--GREETING: Lee ave bereby Commanded © Summon Chee, Gl AK Bacesst vo, /¢o co personally to appe4r before the Judge pp Court, at the next Court to be held for our said county at the Sburt House in Clerk Superior Court for..........0° [SS =—... County. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. - we» STATE OF NORTH CAROLINA, To THE, SHERIFF OF Jeet County--GREETING: Wou are hereby Commanded to Summon BA. BL lip hat Lo hecury Mees Llgtea, fo LO, Prprtimacer, Ye Be Viglen, Spun Phasua dag! personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in on the............0........ Lf ecceesseeeeenneeneees Monday after the... \ _ next, then and there to testify and the truth to say in behalf of....... North Carolina, In the Superior Court, Iredell County, ‘ May Term, 1908. Hattie G. Kyles, Plaintiff, vs ISSUES. Southern Railway Company, Defendant, -l- Did the defendant negligently fail to gather up the remains of B. A. Kyles, and negligently allow said remains to lie upon its track, as alleged in plaintiff's complaint? Answer: - Asg ¢ -2- What damage, if any, is plaintiff entitled to recover? anewer: #/ 9 9 y 22 “* C922 Fei Peistevey ba Dg Onewes Orvnig cr frm Fleactny hg tie Ke. 7A.19. Bonen dnt, frnpe friar teeny 0 au Boy SJorr Fla Wer teok (oT, LZ: Pot prcel sae oo * fore fH Aten Gf ant Bent sae kh ag~ 40 Cle rogers wrt ot1e ‘ — tom F 7 ay me him fom Pigg 16 Patt fe we Oo | Loe Pre “Lig TOD ccceais IN THE SUPERIOR COURT Beleee County. Frattin GY Jig ks Against 4 Dd, Ceo, 2 F ie A t Judgment Against Bah 7 Be, ginal Summons, or other original process, including names therein Injunction Order, including Bond and and Justification..... ..... Order Of Arreg@t ircscscccocssxeass cece) cesecesseaseecee ensssesevell cocceresresseesenss+ abpona, each NAME...............c0. cecce scenes Notifying Solicitor of Removal of Guardian. .. .........0.+:ssseeeeees CONSID BNCOle ccccscccsescccscccccccesesescacss coesces scoccselccececaecescsccsvosceececsere Caveat to a Will, entering and docketing...............scsseseeeeees Issuing Commission Pees ee neee renee rasee sesesenesesereesesseseesesees Sanes «.e8eees Preeti errr iter irri Tee ee ee) ao otion, Entry and Record of..... ) ae INOUICO soccer cccesy access -crscececorseeece Peseeee masts cseeveuraceessesteeauas lenses cesiees : Notice, for each name over one in same paper...... Impaneling Jury ee eeeweeeeseenessanseses eoeeeasses Feeeeasereeeeseres Sense reeasereases Justification of Sureties, except as otherwise provided Judgment final in term time Prrerrrrrrrrriiirtrii meri Judgment Prerrrrrrr rr reer DOCKOUING GAMO: cc cscessercncstecescessasseesecrolavirsestessollisessecsrevesreesei crear Docketing ex parte Proceedings ..... .... ssc. ceccssseeee cones ssssssseesees ue udgment...Jr...... AeceecSictctic™.. tA. BOMMONDB .........0cccccccccccces cocccsovessccces secessscecsececese-cssssess ENGORIN GTS UGGMON Gs cceceeecccrecceee ceacessearkccrsersccccrcrecearcrececersoaterestos Filing Papers............ Wctsctssscesscccsentesellccsccuaneeseccenccessehcecacciccscescesss Pom tees ACUUA! sccrccciscses crecesccscccsceclccccccectccerunseselesesecessacacacetecsees Tranecript of Jpdgment Wie cessnrensacberenscssceresccesessrscacatesrcaacsecreaae Execertren af Rlheriiti me Retursccccrccceccecsse-ccorcecctcsceeleceerersea sees: Appeal to Supreme Court, including Certificate and Seal....... ... Transcript to Supreme Court.../5.>*topy sheets, each coeeeeeecnenes County Tax, when Jury impaneled.................ccccsscessreee sesreeereees Reaferee’s All0 WOROOsccccccccceccaceccecces csccocccassas) oes sevsesssacecevcovesesoreee Plaintiff's Witnesses.. ee ae “ “a “ “ $1.00 2 sd eae 98 onnsenn PW en 80 || esccsscseen LS ON accce cane sol Sd. 50 BST cece 195 | ecocecseeed 209.1] ane. 25 |] cceseceeses[ecseeeee |] case sean BBO || cosoe sas. fosseceseellecces conse 1,00 |fonsscsscesss|evecessoe|| ccsseecean 1.00 25 eoeecee eeeeses saeeeecceses a eeesceonese seeeeenereee seeeese © ofFere seeecceecees| sore peeeeeeeeees vesee see feneaeees seeeeetocees seenesees seeeeetecces Cevereee seereeteeces weeeetere eeeeeeseence *] | soveceeecces seeeoeteeeeel|® eeecereeees. |* se] evewesces eeevecece eeererces seeeneses eeaaeeees eeeeesaee eeeecscee seeeeeee seeee eee seeesees (‘apop omy 4g paxy sy) “TAD-SISOD 40 THd WAMIOd WALD mm ON Railroad Records 1908 Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, MLZ, County--GREETING: in a certain co 2 Dw. said Court “FE and then and there to be tried, wherein / eh Ne. 102, Subpeena—State.—Printed and for eale by Brady, The Printer, Statesville, N. C. 6-12—’06-1M. ie ALLE _ COUNT Y—In the Superior Court. The State of Worth Carolina, | | | To the Sheriff of (Pc atce County—Greeting : Vn are Bereby Commanded to summon (if to be found é and appear before His Honor, Judge of our Superior Court for the County of on the pert of the Herein fail not at your peril. Given under my band this YW Clerk. Superior Eurne Lae c County. Sanne ner en en ngemalie ho ccesaghegs-see r To the Clerk of Superior Court : You are bereby directed to summon Om part Of the State VS o......ccccccccccccecescececesesssssseesesseseseseceee VNAOdENs ALV.LS Grand Jury Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N.C. 8-4-’04. _ | Fe dei County--In the Superior Court. The State of North Carolina, 7 = To the Sheriff of Crehtce, County--GRBBTING: - Pow.ate hereby Commanded to summon = for the County of..... , , now being held in the Court House in: <5 onday after the-.., / -Pronday in Herein fail not at your Given under my hand this. Defendant. GRAND JURY SUBPOENA on part of the State in State vs. ccc cscs eeeeeeee You are hereby directed to summon... ceeccececoeeee To the Clerk of as Witness......... Railroad Records 1908 North Carolina,: In the Superior Court- Iredell Gounty,: °ctober Term-1907, R.F.Irvin vs. Complaint. The Southern Railway Company. The plaintiff complains and alleges:- First. That the defendant, the Southern Railway Company,is and was at the times hereinafter mentioned,a corporation created,organized and existing under - and by virtue of the laws of the State of Virginia; and that as such on the 15th day of October,190'6 was operating a line of rail road from Charlotte,N.C. to Taylorsville,N.C. by the way of Cornelius,N.C. and other points in said State and that the said defendant was engaged in operating a passenger train over said rail road from Charlotte,N.C. to Statesville,N.C. and other points in said State on the 4&thc@ayrof October,1906 by the way of Cornelius,N.C. Second. That on the 15th day of October,1906 the said Southern Railway Company maintained public crossings over. the tracks of the said defendant for the purpose of people on vehickles and walking to eross ala said tracks ee é and that one of the said crossings was near the rail road depot, ,south of the said depot and at the northern end of a cut,which was from 12 to 15 feet deep;,that the said crossing was very narrow and just barely room for one vehickle to cross cver. | . Third. That on the evening of October 15th,1906,the said defendant did operate its passenger train from Charlotte,N.C. over the said track in such a | grossly negligent and careless manner,that the said plaintiff while | crossing the tracks of the defendant company at Cornelius, N.C. at the ’ ¢6rossing above described,was run into by the train of the said dfendant company and rolled along the track by the engine of the said defendant for about forty five feet and was terribly mangled and that the plaintiff’ right leg was broken and the bone erushed from his hip dow“below the knee,that his jaws was dislocated, right shoulder was badly injured, and that the said plaintiff suffered internal injuries and was unconscious from the time of the negligent injurg on Monday evening until Friday - a Bed wee PRT a Yo aeRL TAREE ARS, UES TOE AARPAURS OF Aid Ais since the injury was sustained and that he is advised and believes that he will never again be able to work,that for months after the injury the plaintiff was compelled to walk on crutches and that now he cannot walk without a cane,that the plaintiff sufferefi great boGily pain and mental anguish and in consequence of the severe suffering brought on by the said injury,the plaintiff lost in flesh until he was reduced to a very low weight and was nothing but skin and bones,that the said Plaintiff prior to this injury was a strong and healthy man and was engaged in farming and by his daily labors supported his family,that the plaintiff has a large family dependent upon his labor for support,the said plaintiff was 52 years old at the time of the injury. \ Fourth, ‘y That the plaintirlf stopped within a few feet of the rail road crossing and put some children out of his buggy and while standing there could not see nor hear the train as it approached. Fifth. That the said passenger train whistle was not blown for the said.eross- ing that had the regular crossing elow ween given the palintiffr could have heard it and and thus avoided the injury,that the said train was running very rapidly and was one hour behind the schedule time. Sixth. That at the same time and place that the said plaintiff sustained his said injuries,the said plaintiff's horse ,worth $75 .00,was instantly killed-and his buggy and Rerne gs swore Yield torn ‘up and entirely — ‘ 4 . '. a f ‘ desatr od, hy Ae SP oy Ce J 4 } 9 ain AB bakin Of, VI aN. Seventh, . | That on the next day after the said injury the said defendant compnay caused its agents to close up the crossing at the point where the said plaintiff was injured and to make another crossing north of that point and away from the mouth of the cut,that the new crossing thus made is very much broader than the old. Eighth. That qwing to the careless and negligent manner in which the said defendant kept its crossing and its careless and negligent manner of opperating its train and by falilure to blow the regular crossing biow on account of which the plaintiff was run into and injured and his pRepH property destro the saig plaintiff hag, been greatly damaged in the 8 a $2000.00, 77-00. oe Datiags xs > petden Woo ho And Lad % ies : Priya he iat 4 + here pl re EPN Ea Kee one iven him,for,the sum with oie terest lb ae ber a 1 Piston and for the 7 Agee UAT action “and Por pak < such otler and fu here he court may dee the sai plaintiff entitled to. en ea / Attorney for Plaintiff. North Carolina,; Iredell County., R.F.Irvin being duly sworn,deposes and says that the facts set forth . \ in the foregoing complaint are true of his own knowledge ,except as to those ah matters therein stated on information and belief and as to those matters he believes it to be true. CDP 2 2. Sworn to and subscribed to before me , 164h day of November ,1907. a Ape remem Notary Public - Com/ Expires Leh Of SS es, ns ie | » ee ee ame he ~~ goles " * - RPT DVM Y) Loo! bf My VG | North Carolina In the Superior Court Iredell County October Term 1987 R, F. Ervin, plaintiff. t . | | Answer, vs Southern Railway Co, defendant. ' The pefendant answers the complaint and says; | First, That it is a corporation duly and originally created, organ ized and existing unser, and by virtue of, the laws of the State of Virginia and was engaged as a common carrier for hire in operating a railroad from Charlotte, N.C. to States vill, N.C. . Second, That the allegations contained in the second paragraph of the camplaint are not true and 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 paragraph of the camplaigt are not true and are denied, | Fifth. ame ae — — - wo a on That the allegations contained in the fifth paragraph of tie complaint are not true and are denied. Sixth, It is admitted that pla ntiff's horse was killed and the buggy broken. Seventh. That the allegations contained in the seventh paragraph of the complaint are not true and are denied. Eighth. ~Fhat the allegations contained in the cighth paragraph of the complaint ate not true and are denicde And for a further answer and defense the defendantssays; First. That the plaintiff contributed to whatever injury Nemrecsiy ed by carelessly and negligently driving upon the track of the defendam t, without first stopping to look and listen Seconde That the plaintiff was guilty of contributory negligence in driving upon the track of the defendant without first looki ing and listentng for the approach of the train. And having fully answered the defendant asks that it recover cots and go hence without day. LC. Cok Frvc2k. Counsel for defendant. W.P Maher being duly sworn says that he the local agent of the defendmt at Statesville, N.C.; that the foregoing answer is true as of-his own knowledge except as to thosem matters and things stated the rein upon information and as o to thase he teleives it to be true, gworn and subscribed before me This Nov 1907 fe Prayers for special Aedes vs. |. # ions prayed by the plaintiff, Southern Railway Company# lic dt is‘ the duty of a railroad company to construct and maintain. a safe and convenient erossing where it inter- | sects the public highway. It is ines that the crossing necessitated by the construction and operation of a railroad | should be kept in a safe condition by it, The power of the | ek ee etare to impose upon a railroad company the duty of | agkine and keeping in repair all oo ae is undies cae S| i And aks Jury are instructed tnat in this ‘mammg State it is a legal duty of all railroad companies to provide, maintain ond keep in ropaiz reasonadly safe and convenient crossings ents ever they intersect public highways or roads and their failure to do so, if injury results therefrom to person or vroperty | i would be such nevligence 4s would render them liable in dam- | pges. ; Be | - os | 1 7. o In the case at eee tne jae: are instructed that if |. they find by the greater weignt of the evidence that the road| | antersecting and crossing the defendant's track at the place | of the alleged injury WAS 8 publi¢ road or highway, then the | jury are instructed that the defendant was required both by | the statutory law of Nortn Csrolina ana of coumon right to | keep and waintain said crossing in a roasonsbly sate end i sorivardont condition: ena in such condition aB not unnecessa—: ' rlily to impaigp the usefulness of said road and crossing and in such condition as not to impede the passage or transpor- | tation of persons or property along said road, j | | } j { 3. It is competent in this case for the plajntiff to i show, if hoe can, that the crossing in question was defective} | Sonstructed or that it was constructed in an unusue }, unneces eS ‘and dangerous manner ; and if the jury find by tho greater’ } i weight of the evidence that said crossing was defective and Pos eet ss eased 3 f | be i, ee nem ie etbenaomae aan anata BSc , Sy a Son ho nage aeaclee quaap saa * 95> ora’ “. — Sse ccapemeoae that ‘the said defective and dangerous’ condition of said crosst dangerous at tiie time of the &llegea injury and that the de~ | fendant knew or should have known the same, and further find ' that by reason of said uafective and dangerous condition of ‘said crossing, if you so find, the plaintiff was injured and:! | . . sei | | ing, 1P you find it was so, was the proximate cause of the plaintiff's injury-if he was injured—the court charres you i that this would be negligence on the vart of the defendant: ae you should answer the first issue Yes. 4, The jury are instructed that eeraseecmnine the alleged defective and dangerous condition of said crossing, | . % cA | | they must take into consideration. the location of same rela— | | ‘the condition of the track and rosd bed on either side of tive to tue track | and the lands lying adjacent thereto, voth | along the railroad and the dirt ‘road or Begueey the condition oo of the surroundings as to the lay of the land and: otherwise, { { said ose nee and’ also the height. and width of the erossing | 4 aad all pertinent facts and oirounmetahaes' tearing upon the | location and condition of the crossing.. 5, If the nan find by the greater weight of the evi- dence that the crossing in question WES lécated at the time oF the alleged injury at the mouth of a cut on the defendant's | road, on the South side of the crossing; that said crossing was. the crogsing of a oublic highway or road; that by reason I of said out tile train of the defsnaant on the night of the l anjury was obscured from the Dlaintiff'’s view as.he approache said crossing from the \‘est side-if the jury 80 find-until t said train emerged from said cut on to the ordssing, and further |. Pind that the plaintiff in approaching said crossing “stopped, looked and listened for said train and could not see or hear } ths same, and further find that said crodsing and the | approach thereto: Was very narrow~just wide enough for one | vehicle, and required careful uriving not to miss or run off | | the same, and further find that the pleints fe was stricken by; the train and injured as alleg ged, and further find that plaintiff's festurs to see the main train in time to avoid the | injury, if the jury so find, was dus: to. the narrowness of | said. Grossing and tha appnsact thereto and. the car@ it re- J quared ta. drive upon, the same, and the location of See cronét | ing at tha mouth of said cut and the obstruction of the train | of by: said cut and further find that’ said crossing in these res i spects ‘Was | defective and unsafe and was not a reasonably safe; i, and eonventant crossing, and that one plaintiff was injured si : i a direct result. therefron, then this would da. negligence ae ! the part’ ‘ot ‘tne dotehdsnt and tie ae wil answer the first | issue Yos, 6, If the jury find by the greater weight of the evi+ i | a 1 of { } | | dence that the plaintife was stricken, by the. train’ ‘at the ' erossing and injured as alleged, and further Find that ‘the . | plaintife, within. a fow feet from the crossing and before he | azove upon. the same stopped and. looked in the Gere. OR of - il the eeu train ahd Listened for game; that. he oguar lod thon see nor hear. the same; that. ‘skid crossing waite. g. i approach from the West side were very narrow-just wide enough | wt | ti | for one vehicle-with ditches two or three feet deep on both~ — of same; that said crossing was togated at the -mouth of. a cut South of S&tie which partially or wnolly obstructed the | Hickceser Ss view; that after so stopping and looking and lise | © ! toning for the train he failed to hear or see the same, ‘and ' ; then drove upon the crossing and was injured, and further find “ | that by reagon of the location of the crossing, the Condition | Wee same, and: by reason of its defective ana dangerous condi- oe 7 ) se a , tlon=1f the. Ju ury find it was dangerous and defective-the pleintire did,and could not see or hear ‘said train in time to 3 i . * foxte toate him® | from said ‘crossing and the appreoch thereto in time to save, fest from. parm, and that the. location and condition of the | cee end the approach thereto was unsafe and dangerous jena: that same was the proximate cause of the plaintift's linjury, then thie jury will answer the first issue Yes. %, It is the duty of & railroad company tn- give. roa— Hea as ‘yon the highway, when its trains are anpreaching a highway gem | | jorossing, and a traveler has a right to ERM presume that this sonable’ and 3 proper warnings, for the protection of travelers | } FF. | I duty will be performed and re sasonabdle, ive The railroad companies cannot excuse a failure to rive the required signals fos. oor jon er romoose the highway on the ground that the traveler ! [nee other means of informing himself of the time: that trains (wild pass, a0 Be As a general rule, a trévelar on the highway, be= 4 fore crossing the railroed track, is required to look and lis— a to ascertain whether & train is avpraaching; an@ the mere | ht eeion of the trainmen to give tne ordinary or statutory ct [erenats wiil not releive him of this duty. i 9, Wheres the view is obstructed, a traveler may ordina+ i iraly rely upon his sense of hearing, and if ‘he does listen and) iis induced to enter ona public crossing because of the negli+ gent failure of the company to give the ordinary signals, this, wall usually ve attributed to the failure of the company to Ho warn the: travaler of the danger, and not imputed to hii for Joontributory neolipenda, 10, Where a person is familiar with a crossing. and with | H {tte custom of the Sone y to give signals when trains eporoach te of une accident wherein he was killed or * injured may ‘hava lulled him into security and induced him to navanice after hooxsite and 1+ atoning for the train. {j Ht hs | it “poasénablex and timely. But what is reasonable and timely | bi dwhen their sound is obstructed by wind and ot her. noises, “the railroad from. seeing the coming train. oh ‘the other hand | even 1 in the absence of any statute like our own uk making it ‘A matter of affirmative defense. aor fewest age po nein ng Qukeserenen sania: tilts B | 11, It is not negligence in & traveler to cross the railroad track at a public crossing, unless he disregards a warning hot to cross which he might have seen or heard with proper care, The train in approaching the crossing where ‘ travelers have.a right to cross is bound to gziva due warning |. os of its approach so that the traveler may. stop and allow it to Pass, and to uso every exertion he ada if the travoler is in the way and ‘not like ly to get away. Such warning must be may depend upon many circumstances, It cannot be such af tha sposu of the train be 80 great 4s £0 renuer at unavailing, | , nay.t : she 1 ‘ogity of thé latt y-oat- strips the vaening. The speed of a train ata crossing I | should not be a great as to render unavailing the warning of its walstle, and bell, and this caution ie especially appliéad : and when intervening oojects pravent those who are ‘avproaching those who are crossing the railroad track are bound to exer— if cise ordinary cara and eee eeu to ascertain whether a | train is. approaching. - While the trad has. the. right of Pent. cedence, tois does not Lapose upon the traveler: on the ign | way the whole duty of avoiding 4 collision. It ig: aosdyinend dh with, and conditioned upon the duty of the train to sive the 4” dua and timely warnings of apvroach. 12, The jury arg instructed that upon the second issue: the burden of proof is upon the defendant—there is never any. | ' presumption of contributory negligence as self-preservation " | the first instinot of humanity. “Where there is no evidence of the fact, the presumption is against contributory negligance, 13, If the jury find by a grester weight of the ovidende | thet the plaintiff, before entering upon the crossing stopped | la, few feet away and looked and listened for the Approaching itrain; that he failed to see or hear mamxm same or any signal | [or wernine of its coming, anu was thereby induced to go and aid go upon the. ossing, believing that he, could cross in |: ly Ae. InteBs the Adee | safety, and Ace tna, tase no slaisi or warning of the” {sores of said train was given, and further find that by rea ;son of the failure: on the part of the defendant to give the | ‘ | Signal or warning the plaintiff was stricken and: injured, thon | the jury: will answer the first issue Yes, and the second issue No. + /|aence that the defendant ‘in aporeaching with its train failed I ito blow tite rd ste or ring the bell as a. sisnal of warning, and further find that the plaintif? at a reasonable dj atanoe” i from the erossing stopped anu looked and oo for said i } Heroin and said signals, and failing: to see. or hear same hed | reasonable srounds.to believe and dia believe that he could i ‘isafely cross, and further find that if said signals had been " : 5 . ae, i t ‘given tha plaintiff could have heard same.and would have done - | 80 and caved himself from injury, and that by reason of said ' | ‘ 1 "then the vlaintiff is entitled to recover and you will answer | | 15, If the jury find that the alleged injury occurred , i ithe first issue Yes, and the second issua.No. | H . jin the night; that the wind was blowing and making a. noise; woton partially or wholly obstructed its View from the point iwhere the plaintiff was approachines said orossing, | and that the train being in said cut deadened or cemvioyed the sound i \thereof, and further find that the plaintiff before going , : | | ie ae fe > po : 14, if the jury find by the greater weight of. the: ova ierase on the part of the defendant the plaintiff was ee Mapes upon the crossing stopvded at a re 2asonable distance and looked | ) ana listened in the direction of the train and could neither | | see nor hear the train or signals, and that at this time. the | bell was ringing with the train in the cut end the oe uomtas | plowing, and find that this fact sO deadened the sound of the | pel] they the plaintiff coula not and dia. not hear the same, oF i | further find that the whistle was not plown for said crossing | ! anywhere | OF ERXNREEER noar the same, and further find that the plainti tf ; { fet2ang to hear ‘the train or signals or see the same was in— | ' duced to velieve and did belisve and that he had reasonable. | grounds to.believe thet he could cross in BeHery and in | attempting to do so was injured, and further find that if the | f whistle had blown the plaintiff would hsve yiéerd the same and | | saved himself, and further find that under the circumstances ) this case as above detailed in this instruction the defendant | " shonla have Dlown the whistle as a warning and that this was le reasonadle a equanenens, and that this failure was the prox- | | amate cause of the plaintifr's injury, tnen the plaintiff is “ontdtiea to recover and the jury should answer the ae issue! ives, and the second issue No. (16... As to the issue as to detuaaee for injury to the ‘plaintire's person, the jury are instructed that 42 they find | ‘by the greater weight of the evidence that the pleintife is ; : ,entitled. to recover, he is entitled to recover as damages .. jone compensation for all injurédes, past and prospective, in i Hon emis ice of the defendant's wrongful Or oe acts. |thoxse are understodd to embrance indewnity for actiial nunegng! lend madieaiaxponsas ond asa of timo, or loss from inpbyliey t jito. perform ordinary labor, or-capacity to varn money. Plain tate is to have a reasonable satisfaction, if ‘he is entitled to | recover, for loss of poth vodily and nental nowers, or for i actual eur esEiTe both of body and mind, which are the immedi- 4 jate and. nécessary conpequendes of the injury. 4 Oe ok a ik 17. As to the question of the destruction of the plain- ' i" tart’ S horse and bugesy, if the jury find they were destroyed—| I the court instucts the jury that if they find by the. preeter | weight of he avidence. that the olaintiff's horse was Killed and his pugey ‘and harness destroyed. unuer the’ direumstencos | detailed in these prior instructions, and that. said killing | and destruction of property was aue.to the negligence of the. i defendant as a Bi eae eee note -then the jury are eee seis 3 : I. instructed that they’ should answer the issue as to the ae i and destruction of said property Yes, and they should write i as an answer to the issue as to damages on this aocount, xh an amount equal. to the value of said property.at the time of isthe injury. — | gene ee a A North Garoli : Tredell Coumts.. In the Superior Court . R.F.Ervin vs. The Southern Railway Company. Application to sue as a Pauper - To J.A.Hartness,Olerk Superior Court,Iredell County: This is to certify that I have examined the ease of the plaintiff in the above entitled action,and believe that he has a good and meritorioys eause of action in fact and law. — Z- Aa / G r—~ ’ North Carolina, ? : 0 Oty Tredell County., R.F.Ervin being sworn,says: That he is unable to give sureties,or make the deposit requiped by law,to enable him to prosecute the above action agahnet the defendant Southern Railwag Uompany,and therefore prays that he may be allowed to sue in said action a 8 a pauper. . Sworn before me this the 9th day of COW Notaty Public- Commisstf Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. §-15-’07-2M. STATE OF NORTH CAROLINA, TO THE SHERIFF OF Viet County--GREETING: YOU ARE al COMMANDED TO oe a we kL [3c personally to appear before t e of Superior Court, at the next. Court to be held-for our said county at in a certain ie before said our eee and then and there to be tried, erin <> Plaintiff Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. WITNESS, , Clerk of our said Court, at office Monday after thee ceeceeeeeee Monday | o ae ee IG OF & eLece Conny Ure QAAttrac ta BGs Rated the! p Leen aad aa Pee Pano wh Th oY Otte Aro pg Arun e Jee ST a s me b, pie To? tLe | ann LEK It C OV Le Mee KP-. 0 Rewer — | | 2t- in f~rw~anu, Det fler-Zy Lae spin ol Te an aT | ey EIS moe ft Fane phe t dex. FARE, j | | | 4 Eee eee eee ee fa a ‘ +- pa (A a ete Railroad Records 1908 4-105 7M. b., 200 lvs. ea., 0. BP: Form 415. RUING.| (Revised.) SOUTHERN RA¥LWAY COMPANY. Ts C. POWELL, Freight Traffic Mgr., Washington, D. Cc. L. GREEN, Gen’! Fr’t Ag’t, Atlanta, Ga. R.L.McKELLAR, Asst. Fr’t Traffic Mgs., LoutsyMle,Ky. | J.J. HOOPER, Fr’t Claim Ag’t, Washington, D. C. The shi may elect to acceptthe conditions printed on the face and / of back hereof, and the reduced rates applying thereunder, or may, as provided below, Beg op me oT yee ¢ the said roteaet Ciars and comdtet he notify the agent of the receiving carrier, in writing, at the time his sl elects not to acc Yates and conditis Ss) 80 t e in at me is offered for shi ent. and { fhedioes mot vesuch notige it will ben: the The p: ‘carried subject to the Billof Ladi condiieiek, order to Secure the reduced rate thereon. carried not subject ie ots Standard Bilt of Lading will beat ¢ carrier's liability, fimited aniy ne provided by Common Law and by the Laws he United Statesandgpf the several States, in so thr as they apply. thus carried will be charged twenty (20) per cent, higher (subject to a minimum increase of(2) cent per hundrad pounds) than { {shipped subject to the conditions of the Standard Bill of Lading. Received by the SOUTHERN RAILWAY COMPANY tp g WY, a , at Chie 0 gd, O23 Station, - (fe 190_¢ (1 2’ € Kors “ from. faba ip OL We Ll Ye <te) e \ the pro described below, in apparént good order, except as noted (contents and Condition of contents of pac unknown), marked, consf, and destined as indicated eee which said carrier agrees to Carry. to said lon, {f on its own read, or otherwise to vtearsoneaeen carrier on the route tresid destination. In consideration of the rate charged, under the conditions of this Bi itis mutually agreed as to each carrier, severally but not jointly, ofall or any'of said d me interested fn all or any Ich are ety has every service to be face or back heteof, all of which are agreed to by the shipper as owner x WEIGHT, ARTICLES. (Sabject to Correstion,)- x ar re-LOtyy - ae 4 Woy oy, LH SXO+ Wy : LXxFO7 Charges advanced, $ and $. ‘The rate of freight from_ to PER ONE HUNDRED POUNDS. if If If if if If xst Class 4th Class | sth Class | 6th Class| Class A | Class B ' ' Agent. (The signature of the Agent here acknowledges only the rate given.) to apply in prepayment of the charges on the property described above. © ° Agent, mete (The signature of the Agent bese acknowledges only the amount prepaid.) _ “JTEVILO9IN LON 9 reqs ‘poszopus WACAO,, psom ons yy x} Southern Railway Company. a ~~ we CONDITIONS. No Corsten Gr verby tn "property ere: eerste r damage thereto eae fire, jettison, Lo collision, de by moneers: riots, shating, ‘toes eee ic 2 by leak- breakage, ¢ we vermin, in ‘weather, eat, frost or wet; or te oountey dam oye cottons or from any cause, if it be ah Mir" artless wouad totally mall property by ay Po ticular train or vessel, or in time Soe any particular lar musket, or otherwise than wi mable tch as its gene .business will permit. Every carrion | have the right, in case of necesuity, to forward said pend pepe by any carrier rate is given. ie additional risks and orenned between the point of Sipe incurred by reason of change of route in cases of necessity. shall be be borne by the owner of the goods and be @ lied 8 No. carrier shall pelishle for loes or damage not occurr- ing on its portion of vty route, nor after the. said consignee. ‘The amount of any 1068 is is ready for golive gi7,% for which any carrier becomes liable be at the place and sompute at the vaiue of oF the proper g, unless a lower the classifi- time of shipment under this value has been upon or is determined on cation upon which the rate is based, in eit oe o which events guoh lower value shall be the maximum Em eee cae ern such computation! Olaims for loss or damage made in writing to the amen at at point of of delivery promptly layed for more nalb at the property, or after due finefer cy feeact no nar-ien Mecepian Sal, in any sree ty Any Carrier or party liable on accoun of loss or ‘any tnsuran any of said property shall have the full benefit of any insoran on thas may have been effected wece we Gal property Gall be frabient to prope: 7 su n cooperage, baling and re at owner's cost. Each carrier over whose spate, cotton is to be carried hereunder, shall have the priv- ilege of com the same, and shall not be held respon- a. a Gevi tion or unavoidable delays in procuring such Grain in b naigned to a point where there is an ele- wee, may Melos erwise expressly noted ‘he and en if it 16 ea promptly unloaded) be there deliv on“ ened with other ea ot the same kind, without Swnerthip, ema ff bo ae preerea, Geel be Gavaere 2 a meted elevator in addition to all other charges hereunder. No carrier shall be Mable for differences in ween or for 7 © a, or dre carried in ae Pro removed byghe person to receive” it vies wen ‘our hours destination, ma: ee the vessel, car, de r place of Poeees of the eg - J mg ae risk _ he owner of of pro y,Or may a © option of the er, re- moved and otherwise stored at the owner’s risk and cost and there held aut subject to ad for all freight and omer ares ® earrier may make a reasonable charge pe day for the detention of any ve a or car and for use Pot tracks the car has been oh charg 10 hours for loading or unloading, and may ee ae Seem to ali other charges hereunder and hold said subj ee Whart at Whisk these ie uo rertiosiy appoineel arent obell w atw re is no y appoin agen be ore at risk of owner when unloaded from, or until load , car OY Vessel; and when received from or de- liverea 0 on private or other si or wharv' shall b be at a eee the cars are a' ed to, after they are oo deans rom, trains, or and after until leaded into, ed fro vont 6. No carrier hereunder will carry or be liable in rey ie, or tor ex any article of {feally rated in the published clagsifica- nereees to do 80, and a stipulated ereon. haan A party. whether principal or agent, dar in- Gangero goods, w! ith full written stow josure to the carrier of heir. their ‘nature, all m of all or any of the be liable for any loss there- ond its contro or by or quaran 3 or r party entitled after its pexivel at WOT. NEGOTIABLE. _ be liable for allloss or damage caused thereby, and such A Lramenouees at Owner’s risk and expense 02 pensation. the word “Ord Mtorder™ is written hereon immediately be- fore or after of the party to whose order the prop- erty without any condition or limitation Sinan than name a pavty Sp Ne Domus’ of me arrival of the Cer ie coteienn uekers Geecalinern stun mechan req! © very ©: pro tion. If other than the aforesaid form of con- Bitoat x tae ‘we op- thout requir. © pro- x of this bi bill of jading. 4 » : y fre and average, and all other charges Souttee on said pro are. gi a ive! wand according 10. we his a8 ascer by any carrier under; and if, upon tion, itis nerarea! aes ee articles foped are not those described in this bn} of lading, saanee charges mu paid upon the articles per and at the tariff rates and under the rules provided ‘Ths be of lading ia Classification, * me _ eee tor the different carriere may engage in 6 transportation, severally but not Join cue whioh isto De LOX bound by and have the bene- the provisions thereof; and in accepting this bill of lading, the shi: per, owner and consignee of the 8 and the holder of the bill of lading agree to be bound by al) of tions, ex: ceptions and conditions, whether printed arate, “ar hee er yee is carried by water, such water shall be performed subject to statutory acts and we the conditions, whether printed or written, contained in this bill of lad inding. | noluding the condition tha{ no carrier by water shall be liable for any loss or damage resul from explosion, accidents to boilers or machinery, —_ any latent defects in hull, machinery or appurte- before, at the time or after shipment or calling? on the vo or unseawo: ess, provided the owners have exe ue diligence to make the vessel sea- worthy; nor shall ee be presumed against any 8, carrier. The carrier shall have liberty to transfer, to tranship, lighter, to call at any So ernie tow and be tow: ie deviate, to assist vessels in distress, to na’ te without are edb Greece t eee; vot th men een any of the par- ties ca taco ond carte at any other than the regular wharf, a acacia of the carrier, each se ckage or the risk ef the owner tely upon Sesser ert sold short of ultimate ae et his part ean agreed-u on of the through feishes were the mone with the Yhatces ad- vanced, be due and payable out of the proceeds thereof; and for any distance each carrier 8 on the same basis, have earned ana be entitled to freight, with charges = such part of the transportation as has been case of quarantine the goods may be discharged at of owners int quarantine Aepot or else- ET eal ieee x Suttons toh, or at nearest a ble poing in ry each case carrier’s res penses 0 shail be borne by the oe of the goods pao pence The carrier Spall no be Hable for 1 : paired tara by ne stares or wm disinfecth ion or other pe quired by —- tions or authorities,even though game may have Soon done by carrier's officers, crew, ageate or employees, nor for detent loss or dam of an Kiph opennscase by quarantine or the enforcement thereof, 13. addition or erasure in this bill of wala ohal be made without the ial notation hereon of Se parent of tee carrier issuing thig bill of lading shail B 74629 en ° * Form 556, Sout peRN RAILWAY COMPANY. — -*” FREIGHT CLAIM DEPARTMENT. 2 a WasuincTon, D. C., Feb, 4 thyoo 7. Dear Sir,—Your claim carrying No.______ f@enalty s 125,00 onot shown has been received. It has been registered under my number as stamped below, and will be examined, and if liability is found with this Company settle- ment will be made promptly. If other lines are interested, it may be necessary to submit the claim to them, which will be done without delay. If there is any unusual delay in giving you a decision on the claim, write me, always quoting my number. favor Pas Bere: Turner & Co. Freight Claim Offi *) - aim “TATAS 0. JJ. HOOPER, Freight Claim Agent. THE SPACE ABOVE !IS SERVED FOR POSTMARK. POSTAL CARD. THE SPACE BELOW IS FOR THE ADDRESS ONLY. Mr,Albert L.Starr, Lawyer, Mooresville,N.C. MAGISTRATE SUMMONS. ‘Township Pi Oe a aie ..-.-. County \ - Justice of the Peace STATE OF NORTH CAROLINA. To Any Constable or other Lawful Officer of Sr tee eee County, Greetings: M., to answer to complaint of __ S patiiKan . ~ 3 ‘Gi i PPTL eee a SF sor tend papmistret —PPOLID __. dollars and : with) h ALinw nh bie. 3.4 PT Wes b>put, AG, foes ph and demanded by said plaintiff and for costs. Le ot h& Nan 2a-07 Herein fail not, and of this sammons make due return. This As. day a Gpr.. ee 19077 e ae e lo WY eeks pea acueenanee Live CEA... 2. -22-..-.-_ Justice of the Peace. | SUMMONS FOR PLAINTIFF SUMMONS BEFORE s.r Reenter tenet ea Heer. fo 0 Le ee ok >) voy 29) [tute Le: ec Co 0 aa ogg aa deter. dafee Nem Urrw acl py te Arkacethacted 5 bi Weel L@ the OL arty Ot pee Rererre ave an c~ Bette piteas cee _of Ard et | ye | P Ompaek, LLo baby & Atpa, Geer fed tlr_~, tied - Atlee ellecery fro Cerehacetey FEU leeecl Le r Oagat v ef tht UR Ae bee aeoereb a this~ . 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SOD Shee eeeeeee SHeeeseres POSCSRE RES ESSERETOREOHET EEEEe Seeeees 8 « Seseee |] eeeeee: eeeees | eeeee ceell cosceecceee see "s Witi ants MOBBOB.... socecceecccrcccsces cvesscccccccoves evevecsscceccccsescess enccces fl] eceees sovee|oos ences “ ‘ss SEOES COPS ESSSOSSS HOOSEESESESES SESE TE SHEHESEEETEEEES COSECE HESSD = 0c eeeee LL eeeeereeecee| FFFO* C88] eeeesereeees| #64: eeeee “ ‘“ seeeesrecccscooees seveses [lee cosecees stove evccelleosecesssene| -eesrene “ “ coveee erscege sreserecel | eeweseeseee| coeserece “ “ eeeee ernecccceces cece sonseeeceoosccogorsoeses secees erecece eee: soverece “ “ Oeeee Cone eeeeererreeereeseeseorenesonnonerenenesees serereeeeees seeseee |leoverseorers| seeneesesl | ecoeeeeseees| ee sores ° “ “ * seeeee eeeveee Jocccssosees | coveceoel| oe e008 evees| sooner eee Dc a CIVIL DOCKET. BILL OF COSTS—CIVIL. (As fixed by the Code.) Railroad Records 1908 NORTH CAROLINA IN THE SUPERIOR COURT, TREDELL COUNTY AUGUST TMRM, 1905. W.¥. Ervin | — Special instructions WAY COMPANY . , . gaked DY AST Carr nueve pen GS A, EE 2 Se Fad . - * m2 i . See: eet sane ine wae Geegee Soe Sa This action is brought to recover damages for the alleged neniicence ef the defendant in striking him at a public crossing at or near Cornelius, North Carolina, on the 15th day of October, 1906. The plain- tiff says that he was a traveller on the public highway, approaching this crossing, using, as he alleges, due t care and teking the pregautiqns. whieh d en by the train, his vehicle demolished, his horse killed and himself injurede The defendant contends and alleres that the train which operated between Charlotte and Statesville on the night of the 15th day of October, 1906, was bein: proper- ly conducted and operated; that the usval and necessary signals were given upon its approach to this orosaaconiand that the station blow for the village of Cornelius had alse been blown, that there were no ebstructions such as would preven® @ traveller pun Vue public highway, approaching the crossing, from discovering the approach of the train, had said traveller taken the necessary pre- caution, or by using the care which was incumbent pon him, by seoppie, looking and listening, before he entered upon the railroad track. ~ Ss a “ e@ issues are s'bm he jury for its consideration\e. FIRST---- Was the pla ntiff injure&by the negligence of the defendan as alleged in the SECOND--~-- Was thA@plaintiff guilty of contributory negligence, as alleked@ in the Answer? THIRD=--- What damage\, if any, is the plaintiff entitled to recover? The question upon the first issue is, was the plaintiff negligently injured by the defendante The burden of the proof upon this issue is upon the plaintiff. It is not sufficient for the jury to find that the plain- tiff was injured, but the plaintiff must co further and satisfy the jury by fit and suitable evidence that his injury was caused by the negligence of the defendant Companye " Negligenae.*2 the failure +0 do what a reas- onable and prudent person would have ordinarily ame under the circumstances of the situation, or the doing of what such a person, under the existing circumstances, would not have donée The essence of fault aAeetie in ommission or commissi one” | On approaching the public highway crossing, both the plaintiff and defendant are charged with the duty of keeping a careful lookout, ad the degree of diligence required to be exercised on either side, is such as a pru- | dent man would sxercise wider the circumstances of the casee COOPFR VS RAILROAD.140-~212. The traveller is required to give way to any train that is in sight or hearing, and moving so rapidly as to make it doubtful whether he can cross in perfect safetye Both parties are equally bound to use ordinary care to ey, EN OF avoid or prevent injury. WESTERCAMP VS R.R. R.R. REPTS. 7486 It is encymbent pen the engineer, approaching the highway crossing to be on the lookout and to give suffi- eicnt signals of the approaching train, by ringing the bell or scunding the whistle or displaying the headlichts, or in such other way AS may be usual. If the jury find from the evidence th at the servants in charge of the train upon said date gave the signals at the usual place eee the whistle or ring- ing the bell, then the Court charges the. jury that the de=- fendant in this case would not be guilty of negligence, and it would be the duty of the jury to answer the first issue NO, As the "rain and the traveller on the highway simultaneously approach the crossing of the railroad each seeing the presence of the other, it is the duty of the traveller to stow #nd let the tre _ 88 Railroads are operated for public convenience. The trains, under rules prescribed, as schedules, have to make certain points at designated times; trains must keep out of the way of other trainse T“ese and other reasons underly the rule of lav, and 4¢ is the duty of the traveller to stop, look and listen, md not atteript to cross the track in front of an approaching train. SECOND~---- While it is the duty of the railroad Company to give sufficient signals of the approaching train, as heretofore stated, ( RANDALL VS R.R. 104--410) it is alse a rule of law, tha the traveller whe knows, or who has reasonable opportunity to know, or ought to know, that he 4s about to cross the track of a railroad, must loek am listen for approaching trains, before he attempts to cross the track, and he must leok and listen at such a distance 2 from the track, as will enahle him to stop in case he hears an approaching train. CARROLL VS R.R. 16 R.R. REPTS. 491, UPON THE SECOND ISSUE. Did the plaintiff do some act which he should not. have dame, or--omit te do -semething, whith he should Have done, and thereby brought the injury upon himself; if so, he was fruilty of contributory negligence and not entitled te recover in tis case, and it would be the duty to answer the second issue YES. If the jury & ould find from the evidence that the defendant company was negligent; that it failed to sound the whistle or ring the hell, and failed to do that which the law said it should do in appronchinr the crossing, yet” if the plaintiff could, under the circumstances and con= ditions surrounding, by the use of ordinary care and caution and caution weich a prudent man would have eyercised under the circumstances, the lsw accredits the result to hos failure in that case, and says that there can be no recev= ery on account of the injury to him. So if the jury find from the evidence, that as the plaintiff appreached the cressing he failed to weep, look and listen, md fa led to use the care and caution which a prudent person would have used under the circumstances and injury resulted to the plaintiff, he would not be entitled to recover in this case, md it would be the duty of the .~ jury to answer tHe gedona issue YES, If the jury /é ould find fron the evidence that the railroad track ag it approached this cressing was straight for one half mile/or more, and that the plaintiff, when within forty feet of the crossing had he used his eves and ears, could have seen or heard the train by looking er lis- ; ’ i 1 ; i t ; { \ tening and he failed to look and listen, but drove upon the crossing and was stricken by the train, this would make him guilty of contributory nerligence, and it would be the a duty of the jury to answer the second issue YESe ithe gee. fast foes peste =" wei he a Kae ne pate t ' | ' Railroad Records 1908 Worth carolina In the Superior Court Iredell County January Term 1908 TCity Furniture Company. vs Judgment. Southern "ailway Company. These causes numbered respectively 20-21-2223-24-25-26-27- 28-29-30-3%4-32-33 coming on to be heard at this term of the Court before His Honor Council Judaéand it appearing that the parties plaintiff and defendant have compromised and settled the same upon a basis of twenty five cents on the dollar, as shown by the judgments of the Justice of the peace It is therefore considered and adjudged by the Court that the plaintiff recover of the defendant twenty five cents on each dillar in each case as shown by and from the judg- ment of the Justice in each case and the Clerk of the Court will ascertain what the judgment in each case was from the record and enter judgment for twenty five cebts on each dollar in aach case and the cost of the actions. LL LI, Tecra int’ Judge PresidinG/ City Furniture Company. | vs Southern Kes lway Co, ~ tt F : ue ee rt » 5 3 et oe Railroad Records 1908 SUMMONS FOR RELIEF.— Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 4-21-’07-1M, Beas County.-- Gn the Superior Court. VAs SUMMONS FOR RELIEF. State of North Carolina, | To the Sheriff of ._ £62 County— GREETING: Wou are hereby Commanded to Summon .... HK... KEKE Ah. ae kee, Se oo Court, at a Court to be held for the County of..4<-2zc ae. Monday after the... f- a Monday of...’ g OF 0 same ¢ being the... ee zx wd Gay GZ SEE AL ES ee IQ , 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. .ca...they-fail to answer to the said complaint within that time, the plaintiff... will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return, Given under my hand and seal of said Court, this.%& : 190 §° STATB O RTH CAROLINA, In the Superior Court. = County. Cee ,.M...xlp Pollars, to be void, shall pay the Defendant....__all such ae in this action. being sworn says he is worth the sum of two hundred dollars — , exempt from exe tions. . oe lane of. Fao oe » 190K é w : \ a a Received North Carolina,’ { In the Superior Court, - Iredell County. ... § November Term, 1908. / W. C. Moore, Plaintirr, vB. es \ Southern Railway Company, Defendant. The plaintiff compalins and alleges: ist. That the defendant is a corporation duly organized and exist- ing under the laws of the State of Virginia, and is now and was at the time hereinafter mentioned, engaged in operating a railroad from Salievury, North Carolina, to Knoxville, fn the State of Tenn., and for the purpose of ite business kept,amdintained and operated cars and engines over its tracks in and about Knoxville, Tenn., and was so doing at the time of the , Wrong and injuries hereinafter complained of, | | 2nd. That on or about the 30th day of August, 1905, the plaintiff, | om CO. Moore, being in the employ of the United States Government, in the 4 sg “oapactty: of a Railway Postal Clerk in the Post Office Department of the United States, and while engaged in said work as Postal Clerk and while upon the mail oar of the defendant which was being operated by said defend- ant for the purpose of carrying and transporting the United States mail over the tracks of the said defendant, and while the said mail car,in which the said pidintaff was then and there in the discharge of his éfficial duties as sala Rallway Postal Clerk, was standing at a point on the track of | the defendant at Knoxville, Tenn., when suddenly the engine of the defendant ~” being opesedears, reckless speed was violently, wantfasly and negligentiy . sa run back against the said mail car thereby causing and unusual and terrifio jer, throwing the plaintiff in the Violongg, negligent manner with great. gerce back against~the iron shield on the paper counter in said mail car, thereby ped ONing: painful, serious and permfhent coma upon the body of said plaintiff. | 3rd. The pisintirr further alleges upon information and belief that the air breaks upon the engine which was run violently back against the said mail car, wiv-defective and uncontrolable, and that the running eyainat the said mail car by. ania engine was caused by the negligence and want of ordinayy caré of said defendant Company. ts. “ 4th. That at. the time of the injuries aforesaid the plaintirr, W. Cc. Moore, was engut 3 years old and was in vigorous health, physically unimpared and able to fully perform all the duties incident to an active business life and was then actively performing all the duties incident to his employment as Mail Clerk; . | Sth. That said plaintiff, W. C. Moore, further alleges that as @ result of an wrongs:and injuries mentioned above he was painfully, seriously and permanently injured by a bad bruise in left. side over the ; lower rib and by being badly strained in the small of the back to such an extent that he was forced to lay off from his work and wae confined at home for a considerable length of time, suffering great physical pain and | that he has not yet recovered sufficiently from the effect of said injury to do a day's work such as he was doing at the time of Baid injury; all to the plaintiff's great damage in the sum of $1999.00, wherefore the plaintiff demands judgment against the defendant, Southern Railway Company, in the sum of $1999.00 and the cost of this action to be tegen by the Clerk of the Court. ‘North Carolina, Tredell County, W. C. Moore, being duly sworn, deposes and saye, that the foregding complaint is true of his own knowledge, except those matters and things therein stated upon information and belief, and ag to those he believes it to. be true. Ye (2 Vj OC Yt Sworn to and subscribed before me, / this t Oth/day ( 24 . “Worth carolina In the Superior Court Iredell ‘County November Term 1908 W. 0. Moore, plaintifr. - Vs ' Souther Railway Company, defendant. : The defendant answers the Complaint and says; 1 . That it 1s a corporation duly and originally created, organized and existing under and by virtue of the laws of the State of Virginia, was, and is engaged in the business of transporting freight and passenger , for hire, over the various lines of its ae 3 That on the 50th day of August 1905, it was engaged in oarrying the natie of The United States over its lines of railway, but ‘all other allegations contained in said second paragraph are mot true and are denied. a, 3 a That the allegations contained in the third perserepn of the _ ‘ Compaaint are 0S true: and are denied. z 4 , ; "Tiiet_ 10 hes not, sufficient knowledge or information upon which to forma deleif ae to the truth of the allegations contained . in’ the fourth paragraph of the Complaint and denies the same. 7 a nos . - mo That ‘the #11agations contained in the fafth paragraph of the Complaint are not true and are denied. And for a further answer and defense the defendant says; 1 That the Summons in this case does not bear the true date of its iscw, the true date thereof being September lst 1908, © That from the date of the injury complained of, viz, August 30th 1905, until the true date of the issuing of the Summons, viz, September lat 1908, Rennere than three years, and plaintiff's action not having becn brought within said time, is barred by the ‘lapse of time and the Statute of Limitations, and said lapse of time and the Statute of Limitation is hereby plesded in ber off the plaintiff's right to maintain this action. 2 Having fully answered the defendant asks that it recover its cost in its behalf expended and go hence without day. dL Cal Buthy Attorney for df endant W.P. Maher being duly sworn, deposes and says, that he is the Local Agent of the defendant company at Statesville, N.C. that he has read the foregoing Answer; that the same is true of hid knowledge except as to matters and things stated therein upon information and w@leif and as to those he beleives it to be true, Sworn to and subscribed before N (Y ; \\ ~ me this te 22 aay of Jan. 1909 Railroad Records 1908 -1-’05 7M. b. , 200 lvs. ea. Ome ORIGINAL, pte 418s. (BILL OF LADING.) Revised.) ~. SOUTHERN RAILWAY COMPA NY. 7, POWELL] Freight Traffic Mere, Wastiidgkod.D, 1c. a6 BREMN, kai Fr't Ag*t, atienta, Ga. R.L. MeKRLLA » Asst. Fr’t Traffic Mgr., Louisville,Ky. J.d. HOOPER, Fr’t CiaimAg’t, ——— D.C. The shi wc to accept the conditt ted on the Tice and for ¢ beagle SO, and wiFecinged rata lying eae rates and aad, he of he are b ond Slt. he Soe de rane carried 5 Saeed the reduced ratg thereon. ty ed not subj@et to the codtisious ot of the Standard Bill of Lading will be atthe carrier's iva lah only as Common Law an oe Laws of the United States and of the several States, {nse faras they apply. Property thus carried twenty (20) per ded her (gubject to a ‘sna mum incre se of(x) cent per hundred pounds) than { fsh ipped Se to the conditions ofthe Standard Bal Ol caoe Ricrwed by tha SOUTHERN RAILWAY COMPA COMPAN Oi @ one - ih ni oye PMO. ge indieaed be described below, in apparent ta. sed OF ae a as noted (contents and conditiup of contents of packages unknown), marked, conslned and distined ae i agrees to ~y below, which said carrier nation, {f on {ts own road, or otherwise to deliver to another carrier on the route to sald destination, I jon of the rate charged, uncer or the conditions ofthis Bill of Lading, it is matually agreed as to each carrier, severally but ty tnt eve ofallor bree! vow ? Bard of Besarersy over oll ox as portion of said route to destination, and as to cach party atany time interested in ares, a cncmeee hereunder shal shall be No Ae-ablonar tuinacs all the conditions, whether prinsed or written, on the face or back hereof, all of =_— are agreed the owns and for himself or his assigns as just and reasonable — —= = ——- —-——— ad NUMBERS: ; AR M ARTICLES. teebfeer ts Papvostion 7 , *) oe es or FULTZ Eee \ Sreeapeteee Aap the face and./ orback barmot: (hee 7 above.) Charges edvansed, 3. . : peer. sir for th eS 8 j ; ; . orto Ot P| £ fee! “Agent. me Tal ditched ts hand ioe ewan, saidia Saget Giminhiten’ The Dienk Spaces Beloy. Must Not.Be Fill by the Shipper. o4 Boe 04] ‘ PER ONE HUNDRED POUNDS. eee ’ Tf if if ta iF CJ ate Clase} oth’ Class | 6th’Class | ‘Class A | Class B K f , re eaup (The signature of the Agent here acknowledges oaly the sate given.) ges on the property described above. (ha meee tine Meret ners Dademehnnarey ort tn Semen ememNeft).> aE 104° Spedosd ‘Buypey 50 [1g "HD 70 puss : oo PaOm OW BT 2q 6 ag ‘ DBILL. OF LADING.] Southern Railway Company. CONDITIONS. “2 Wo carter or party in on of all or any of the herein d be Hable for any loss there- ‘or damage horny > causes atm its control, or by Lgystigon, ice, collision, a ooar or quarantine; or robbers, ota, strikes 7 » secrwene labor: or by leak- breakage, weight, decay, vermin, ia weather, heat, oa or wet; or for ocala’ dam- gee on cotton ;.or from uny cause, if ‘it be necessary or is BN carrie ‘such Seta upon deck or upon open cars. vee ts boun said property by any or in thine time forany partioular mar oh or or otherwise than wi ae zenmcnal ie : d. tch as business w Every have ey ht, in case of Eooeliter te oo" forward said Pee, by any carrier between the point of shipment and ani nt to which the rate isgiven. All additional creased expenses by reason of change ot en route te cases of necessity, b Be -orne by the owner of the goods and be a lien No. © carrier shall be liable for loss or dacenge not occurr- ig On its portion of _ route, nor ater the said of ny toss ip ready for putts ot Age consignee. The einprais c ans} loss or for which any carrier becomes lia shall be compu at the value of the —o- aie ‘place and time of shipment under this b mgr a lower value has been upon =e idtoetaiet by thec cation upom which the rate is based, in either = which events such lower value shall be the maximum price ato aoy ern such computation: Claims for loss or damage made in writing to the agent as int of delivery ivery promptly after arrival of the property, a big delayed for more thirty days after the de the property, or after due time for the delivery thereof, = carrier hereunder shall shall be ht le any event. Any carrier or party liable on account = to age to any of said property shall have the fall efit ent the gny ingarap ce that may have been effected upon % We oaree ian RET sont to neces perage, property n gary COO watae rs at owner’s cost. Each carrier over whose route cotton is to be carried hereunder, shall have the priv- aisfe of co “deviation & ressing the same, and shall not be held respon- Se Ge tion or unavoidable delays iB procuring such rain in b consigned to a point where there ign ele: grain ee erwise expressly noted herein, and then fit ih oihbr gra ofthe mise rind witnot Yoepot to wi nof the same Ownership, and if a delivered, shall be subject to's en for eretor dition te all other charges hereunder. carrier shall oe _— for eced carried in oe woes or for SMakage of any *Pro no’ removes D he person or party entitled per r ice after ite arrival at : x receive it within Cy the vessel, car, 4 destination, mi kept of delivery of er at the sole rae of property, or ‘may be at the option of the carrier, re- moved and 0 ise stored at the owner's and cost and cargos, held subject to en for ali freight and other The @arrier may make a reasonable c per day for ae Eceason of ny vessel or car and for use of Igading — the car has been held forty-eight woare for Dokarwe oe all other thereror. , and may add'suehc ooo. and hold ee) eubject to8 lien wharf at ‘whi oes “Gist eainely appointed agent, shall Ipadiod sao, at risk of a. . vhen unloaded trom, 0 or until detached at, documenta, or for any value y rated in the aeeatenod classifica- sa special agreement fe do #0, and a stipulated cles are endorsed will oe be tabietn ator carry any more a eae or]. be liable for oll loss or damage caused thereby, and such destroyed arehoused at Owner's risk and expense. 03 Wee without compensation. rd “Order” is written hereon immediately be- os = after the name of the party to whose order the prop- nsigned, without any condition or limitation othes Eat Ds enane oe party to be notified of the arrival of the property, surrender of this. bill of lading, properly = shall be required before. the Goltvery of of the pro: car tion,’ He seat ioe: Hebe erty pom ee th com here perty may, eo tion of the carrier, be esa Ww. oe req: the pro ill of ng. 1 pay freight « and average, if -oharres — as on sal Peber ey before ae goonnding Fo hte as ascer 2 ned by an! reunder; and if, u re shbeed: sine pie aaveriain Sb She arte shipped sent theo ex poten 4 mus - u artic actually and at the tariff rates and under the rules provided for i of inding i classification. * This b: is signed for the different carriers engage in e transportation, severally but not iy, each which is to be bound by and have the bene- the pron visions thereof; and in accepting this bill of - ading, the shi tpper, on owner and consignee of f the o prods sna a eee lading agree to be bound by all of stipulations, mxoeptions aud conditions, whether printed tte! “? ifail or aky part of said eee carried by water, such water carriage shall : subject to'statutory acts and to all the conditions, eronatees printed or ie, contained jn this bill of I be fiable uding the condition tha no carrier by water eee ble foe pany loss or io resulting from exp) boilers or machinery, Seurone ran ee eee Resto nsad shipment ar ‘ore, tC) e or ment Or oalting? on the vo. vid aS or unseaworthin uke the vessel owners have ue diligence to make worthy; nor ner shall negligence be presumed sicaat tits of ae Cartier, shall have rt or ne estan deviate, 5, to, ssaist vessels in Gistross, t0 ae saat 2 eerena mis agreement sis atany tn and parrier at any other A the rag r wlth, otto the carrier, cack sae Se aaa a iy Upon aout: EES sold short of wicimete gestina€lon, onoh carrier ier that haa co of the Satie aati th ate Sefer erate eet frame py ay ony ht, with charges advan: d, for such part of the the tmaspeaeicnen 3. case of the at risk and oan in chon any depot or else- where, a8 by quarantine regulations or authorities, or for carrter’s or at nearest avaiiadie point in carrier's j and inj ore ocease when may be returned by shipping penses int, fh The ereon. by carrie: s eniarormen = or erasure ae ee ee ase hereon. . Rv , whether principal or agent, shi in- dangerous goods, without eee to the carrier of their nature, Ferm 1888 ____ Station : Pro. Number | eS ; UJ a Date / ae — nf ZI, fe OUT ERN RAILWAY COMPANY, , - x “ via 7 ee ingen Gharges on Articles Way-Bifed PT eee ori = DATS-OF WAY-BILLey- MARKS RATE | Aree [1 3— hs 7 Sahn a ea ia NUMBER OF WAY-BILL, ( ~ CAR INITIALS, j CAR NUMBER; >> —- CONSIGNOR, Connecting Line Reference, Original Car and Way-Bill Number and Point of Shipment. ti ~-> Drayage, Cashier. Tote teColiect - - 1-20-06—5,000,000—8. : Form 407. (BILL OF LADING] i—o SOUTHERN RAILWAY COMPANY. L. @REEN, Freight Traffic ee: Washington, D. G. R. BROWDER, General Freight Agent, Atlanta, Ga. rai R. L. McKELLAR, Ass't Freight Traffic Manager, Louisville, Ky. J.J. HOOPER, Freight Claim Agent, Washington, D.C. —————— Eos: . : , 4 SaThe shipper may elect to accept the conditions printed on the face *24 back hereof, and the reduced rates applying thereunder, or may, as provided below, require the carriage of the property at Carrier's liability. If the Bok to scoops the said reduced rates and conditions, he should so notify the agent of the receiving carrier, in writing, at the time his , is of for t, if he does not give such notice it will be understood that he desires the property caarsed subject to the Standard Bill of Fading conditions ta order to secure the red rate thereon. Eroperty @ not subject to the conditions of the Standard Bill of Lading will be at the Sarmier o Eapliity, Umsited oy ae rotted by Law and 4 the Laws of the Soe of ne ioontcas gle sey aPey., a thus carried twenty (20 cent. higher (subject to a minim crease of one t dred pounds) than subject conditions of the Stande®l BIN ef Latent - ee eee » \ “ST TGHILOOIN LON Choted (contents and condition of contents of nae known), marked, consigned, and fo said destination, if on its own road, or otherwise to delives to ans er carrier on the route to or any of said property over service to be ormed oe by aoe ehoper anes . : _ WEIGHT MARKS AND NUMBERS: | ARTIOLES fthie eben Ud 40358 40 010,0q AOR,e}pouUU VER~M 6) ..YEGUO,, PIOM Oud 4} Place State ene z ° - < z 3 and not for purposes Rout Receive, carry and deliver the afticles described above, subject to theeonditions on the tace*24 beck bareot (sed4@rAbove). a ~ : : Shipper, as Owner, or Agent for the Owner. a, , (The signature of the Agent here acknowlédges only the receipt of the property, and the charges advanced, if any.) THE BLANK SPACES BELOW MUST NOT BE FILLED UP BY THE SHIPPER. . : 4 ‘ The rate of freight from___ to. : ra ; PER ONE HUNDRED POUNDS. “TF “it I? if ee “7 TB if if Int Class] tat Glnsa| 24 Clans | 24 Glass | 6th Gfase [sts Clans loth Cfaas | Glad’ a cee Cldes K | Class H ‘ | / xv . 7 7 a x" 7) < > \ , | ’ A } J K POA AL, t f wf - Agent (The signature of the agent here acknowledges only, given.’ Received {____.__- "to apply in prepayment of the charges on the proverty described above. 4 ‘ s . Agent (The signature of the Agent here acknowledges only the amount Prepaid.) yd “#00384 1O8q O43 UO g UOROSE fq PeplAoud BB ‘uOReULSeP C43 If AUetIOd eY3 40 heaton ©us ©2105eq pesnbes eq jjBys *pesiopue Kjsedold *sulpet 4° HIG G1 40 sepucsineS ey} ‘peusjsuce oi AjsOdOid 043 4EpPs0 SBOUM 0} AWed OY} Jo eweU a a notre aS PEE [BILL OF LADING] ~Southern Railway Company. CONDITIONS 1. No carrier or party in possession of all or any of the pro- rty herein described, shall be jipble for any loss thereof or lamage thereto, by causes beyond its control; or by floods} fire, jettison, ice, collision, delay or quarantine; or by robbers, riots, strikes or stoppage of labor; or by leakage, breakage, chafing, loss in weight, decay, vermin, changes in weather, heat, frost, of wet; or for country damage on cotton; or from any cause, if it be necessary or is usual to carry such property upon deck or upon open cars. / : 2. No carrier is bound to carry said property by any particu- lar train or vessel, or in time for any particular market, or otherwise than with as reasonable dispatch as its general busi- ness will permit. Every carrier shall have the right, in case of necessity, to forward said- property by any carrier between the point of shipment and the point to which the rate is given. All additional risks and increased expenses incurred by reason of change of route in case of necessity, shall be borne by the owner of the goods, and be a lien thereon. 8. No carrier shall be liable for loss or damage not occurring on its portion of the route, nor after the said property is ready for delivery to consignee. The amount of any less or damage for which any carrier becomes liable shall be computed at the _ Value of the property at the place and time of shipment under this bill of lading, unless a lower value has been agreed upon or ts determined by the classification upon which the rate is based, in either of which events such lower value shall be the maximum price to govern such computation. Claims for loss or damage must be made in writing to the agent at point of delivery promptly after arrival of the property, and if delayed for more than thirty days after the delivery of the property, or after due time for the delivery thereof, no carrier hereunder shall be liable in any event. Any carrier or pa’ty liable on of loss or damage to.any of said property shall have heen effected | -eecount benefit of any ins ap max. haye.. 4. All property shall be subject to necessary cooperage, bal- ing and repairs at owners cost. Each carrier over whose route cotton is to’ be carried hereunder, shall have the privilege of compressing the same, and shall not be held responsible for deviation or unavoidable delays in procuring such compression. Grai#in bulk, consigned to a point where there is an elevator, may (unless otherwise expressly noted herein, and then if it is not promptly unloaded) -be there delivered, and placed with other grain of the game kind, without respect to ownership, and if so >, ie shall be subject to a lien for elevator charges in addition to all other charges hereunder. No carrier shall be“liable. for differences in weights or for shrinkage of any grain or seed carried in bulk. upon or on account of said pr 5. Property not removed by the person or party entitled to receive it within twenty-four hours after its arrival at desti- nation, ma; ek in the vessel, car, depot or place of de- livery of ec er, at the sole risk of the owner of said property, or may be, at the option of the carrier, removed and otherwise stored at the owner’s risk and cost and there held subject to lien for all freight and other charges. The carrier may make a reasonable charge per day for the detention of any vessel or car and for use of track after the car has been held forty-eight hours/for loading or unloading and may add euch charge ‘to all other. eharges hereunder, and pro subject to a lien therefor. Property destined to or taken from a station or wharf at which there is no regularly seas agent, shall be entirely at risk of owner when un- loaded from, or until loaded into, car or vessel; and when re- ceived from or delivered on private or other sidings or wharves, shall be at owner’s risk until the cars are attached to; and after they are detached from, trains, or until loaded into, and after unloaded from, vessels, ‘ ei, -, 6.' No carrier hereunder will carry or be liable’in any way for any documents, specie, or for any article off extraordinary value, not specifically rated in the published clasaifications, un- less 4 special dgreement to do so, and a stipulated value of the articles, are endorsed hereon. 4 7. Every party, whether principal or agent, shipping inflam- mable,. explosive or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be lable hold said} - NOT NEGOTIABLE ce to make the vessel seaworthy; for all loss or damage caused thereby, and such goods may be warehoused at owner's risk and expense or destroyed with- out compensation. 8 If the word “order” is written hereon immediately before or after the name of the party to whose order the property is - consigned, without any condition or limitation other than the name of a party to be notified of the arrival of the property, the surrender of this bill of lading properly endorsed shall be required before-the delivery of the property at destination, If any other than the aforesaid form of consignment is used herein, the said property may, at the option of the carrier, be delivered without requiring the production or surrender of this bill of lading. 9. Owner or consignee shall pay freight, and average, if any, and all other charges accruing on said property, before de- livery, and according to weights a8 ascertained by any carrier hereunder; and if, upon inspection, it is ascertained that the articles shipped are not-those described in this bill of lading, the freight charges must be paid fipon the articles actually shipped, and at the tariff rates and under the rules provided for by published classification, 10. This bill of lading is signed for the different carriers who may engage in the transportation, severally but not jointly, each of which is to be bound by and have the benefits of the provisions thereof; and in accepting this bill of lading the . shipper, owner and consignee of the goods and the holder of the bill of lading agree to be bound by all of its stipulations, exceptions and cenditions, whether printed or written. 11. If all or any part of said property is carried by water, such water carriage shall,be performed subject to statutory acts and to all the conditions, whether printed or written, con- tained in this bill of lading, including the condition that no car rier by water shall be liable for any loss or damage r ting b . “ rf ’ latent defects: in hull, machinery or before, at the time, or after shipment or sailing on the voyage, or unseaworthiness, provided the owners have exercised due nor shall negligenc . presumed against any carrier. — 2 he carrier shall have liberty to transfer, lighter, to call at-any port or ports, deviate, to assist vessels in distress, and to load and discharge goods at to trangship, to to tow and ‘be towed, to to navigate without pilots, any time, If goods are landed by agreement between any of the parties hereto and garrier at any other than the regular wharf, sta- tion or landing of the carrier, each separate package or article ete be at the risk of the owner immediately upon such dis- charge, It ts agreed that if any goods are sold short of ultimate destination, that each carrier that has completed his past of the transportation sha]l have earned his agreed-uppn propor- tion of the through freight, and the same, with the ¢ advanced, shall be due and payable out of the proceeds thereof; and for any distance carried, each carrier shall on, the same basis, have earned and be entitled to freight, with charges ad- vanced, for such part of the transportation as has been ac- complished, , 12. In case of quarantine the goods may | as required b: uarantine latio: th: the coe a q regu. nga, or authorities, or for apeten. or at nearest available point in arrieee judgment, and in any such case carrier’s responsibility shall cease when goods are so discharged, or goods may be returned by carriers at owners risk and expense to shipping point, earn- ing freight both ways. Quarantine expenses of whatever na- ture or kind upon or in respect to goods shall be borne the owners of the goods or be a Hen thereon. The carrier shall not be Hable for loss or damage ‘occasioned by fumigation or disinfection or other acts required by quarantine regulations or authorities, even though same may have been done hy car- rier’s officers, crew, agents or employees, nor for detention, loss or damage of any kind occasioned by quarantine or the enforcement thereof. ; 18. Any alteration, addition, or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier igsuing this bill of lading shall be void. / enances, existing be discharged at — riak and expense of owners intd quarantine depot or aucahees’ ~——— ookia o nib bee dapractuuk = thovucke pt 4 Hees aces Her Caceer ginas bide it . f 4 fe ihe eo te wvelia 4 apicel do be AL A. I Baek ee ee ~ Hee pelloe Ante £4 Went Ls Ate \A ALAA Aeteek i meee Uy fin tn ale acl 3 Quy Gn fe ga 50 al- Ls a 2A Her L autigfl perinud a al, MA On f got 4 te Ate haut > EY stints: het Sle AR Fenn Otee | a: cl te ae ELE a Efe le Ah & “it Aterew, Stee _ Bers Ada, “a ta pie Ler fa PY tetas, 2. fu my ue af acl ae Nt ot ex Ma: id ee ped Ua ao: 2 j Xe c e. uh 1) 8 ep (he es . ut bE EEL Cea, a taba as ‘ (-& ~ Ae gee take hic a cere bey eo Leg La - ad auth ij r a '. f yt: nS Wied tb Aiea ees Lea ee a ane ee Lo. | Ff aed © at Ae a pe pokin. es weds, plvud. ci Wes Caeees Bihiesi arog tease IQs arate wales yl aes Mie i ae Ce sala" ey ee el ee a et ease fa Med “aL. st lta a a sce ge heat we ci, be 4s £0 S aeathh onl on a a ig i im ps : | tn | 3 de 1 ido) WV Vache te ; ~ a North carolina In the Snperior Court Iredell County yanuary Term 1908 Nesbit & Pressiy ‘vs Judgment. Southern cadlway Co. In the causes numbered respectively 16 and 17 on the Calen dar of Iredell Superior Court of January Term 1908, it appear ing to the Court that the parties plaintiff and defendant have compromised and settled said causes upon the .basis of twenty five per cent in the dollar, as ascertained by the judgment of the Justice of the peace; | It is therefore considered and adjudged by the @eurt that the plaintiff recover of the defendant the sum of twenty five cents on the dollars in each of said cases, said amount to be as that of ine judgment renderéd by the Justice of the peace. The Clerk of the Court will ascertain what twenty five cents on the dollar of each judgment is, and this sum he will enter as the amount of recovery. Judge Presiding. Wesbit & Pressly vs Southern f @ilway Co. Judgment. Railroad Records 1908 North Carolina In the Superior Court, Iredell County May Term, 1907. “FF. C. Neikirk and J. C. Follette 7.) Southern Railway Company. The plaintiff above named complain of the defendant, and for the cause of action allege and say: --Pirst-- That the defendant is a corporation, duly chartered and organized under the laws of the State of Virginia; and was at the times hereinafter mentioned a common carrier of freight for hire, from Mooresville, North Carolina, to Spartenburg, South Carolina, in possession of, controlling and operating a line of railway between said places, together with lesomstseue cars, and other necessary appliances. --Second-- That on the lst day of January, 1907, at about 4 o'clock P,. M. plaintiffs delivered to defendant at Mooresville Ne Cs, in good condition, 13 head of horses and 9 he&d: of mules to be carried by defendant to Spartenburg, S. C., for sale on that >that the_defencant , in consideration of certain charges to be paid it by plaintiffs, received said stock and agreed to safely carry and deliver same within a reasonable time to plain- tiffsiin Spartenburg, South Carolina. --Third-- That by rail it is only about --- miles from Mooresville, ¥. C., to Spartenburg, 5S. C., and the defendant cou by the exercise of due care have delivered said stock to plain- ada e tiffs in Spartenburg ,S. C., by 8 or 9 o'clock on the morning of January, aid, 1907. --Fourth-- That the defendant did not carry and deliver said stock as agreed, but carelessly, negligently and unreasonably delayed same at various places along its line. That the defendant carelessly and negligently kept said horses and mules on its car continuously from 4 o'clock P. M. , of January lst until 7 o'clock A. M. January 3rd, 1907- 39 hours- without food or water, as plaintiffs are informed and believe; that at this time said . stock were unloaded at Blacksburg, S. C., and rested a few hours when they were reloaded and again started on their way to Spar- tenburg where they arrived and were unloaded about 9 O'clock A.M, January 4th, 1907. That said stock when unloaded at Sparten- burg were all, badly damaged , by reason of the carelessness and negligence of the defendant, that one horse was dead in the car and a number of horses and mules badly cut, bruised and strained; that all of said horses and mules were fearfully weakened and drifted for want of food and water, and reasonable care and at- tention, after being negligently and unreasonably delayed by the defendant in transit, so much so that none were fit for market, but had to be kept by plaintiff at a feed stable at great expense until they were able to be moved , when plaintiffs disposed of such as they could and brought the others through the country to plaintiffs home in Mooresville, N. C. pannel Meet: 0 Kamae emai Me eR ee --Fifth-- | That by reason, of the defendant's negligence and care- lessness aforesaid, one of the plaintiffs horses died in transit, and a number were cut, bruised and strained and all were greatly adimind shed 4n value for want of proper attention after same had been unreasonably delayed by the negligence of the defendant in violation of its duty, and plaintiffs put to heavy expense of ~2Q=« feeding and caring for said stock in Spartenburg , and in return- ing home, together with the personal expense of plaintiffs in going to and returning from Spartenburg, to plaintiffs great damage , to wit, the sum of Eleven Hundred Dollars, ($1100.00). Wherefore, plaintiffs demand judgment against the defendant: --First-- For the sum of Eleven Hundred Dollars, damages suffered as aforesaid. --Second-- For costs of this action to be taxed by the Clerk of the Jt Attorney for Plaintiff. J. C. Follette, one of the plaintiffs above named , after being duly sworn deposes and says, that the foregoing com- pleint is true of his own knowledge, except those matters and things therein stated on information and belief, and es to those he believes it to be true. . Sworn to augyrenects = this the ENG day of -- Worth Carolina In the Superior Court Iredell County May Term, 1907. F. Ce Neikirk and J. °. Follette vs Southern Railway Company The defendant mswers the wmmplaint in this case and for answer, says: --First-- That it is a corpaation duly and originally created, organized and existing under and by virtue of the laws of the State of Virginia, and was a common carrier of freight for hire, between Mooresville, N. ©., and Spattanburg, S. ©. operating and controlling lines of railway between said places on the date allecsed in said Complaint. --Se cond-- The allegations contained in the second paragraph of the Gomplaint are not true and are denied, except that portion which alleges that the defendant received 13 head of horses and 9 head of mules, at Mooresville, N. ©., to be carried by it to Spartanburg,S. C. -~-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 paragrarh of the Complaint are not true and are denied, except that part of said paragraph, which alleges the death of one of the horses, and that said stock were watered, fed and rested between the initial shipping point and destination. ~-Fifth-- That the allegations cort ained in the fifth paragraph of the Complaint are not t rue and are denied. And for a further answer and defense to plaintiffs' cause of action, the defendant says: --First-- That, as a condition prededent to the reception of said stock by the defendant, for carriage, the plaintiffs contract- ed and agreed in writing, that they would, at their own expense, provide such bedding, or other suitable appliances in said car or cars, as would enable said live stoek to stand securely on their feet while in the same; and in the event that different kinds of live stock were shipped in one and the same car, they would furthermore, at their own cost and expense, separate the same in the car by strong and sufficient partition. That in violation of this contract and agreement, the plaintiffs failed to provide bedding and suitable appliances for the stock to se- curely stand on their fcet, while in the car » and shipped dif- ferent kinds of live stock, namely, mules and horses in the said car, without separating the same, with such partitions as would secure said stock from the vicious attacks of one upon the other, and because of plaintiffs failure thereof said stock were bruised and sératched and one of the horses tramped to death, and seid plaintirf especially contracted and agreed that they would indemnify the defendant against claims arising out of boss or injury to live stock from any of the causes heree inafter named, whether the same developed during transportation: or afterwards. (a) The inherent vice or the wild or unruly condition or conduct of any of said live stock, including self inflicted injuries. (b) Inherent defects, weakness or vitality of the live stock. (c) Heat ,suffocation or the other ill effects of being crowded in cars. ~-Second-- The defandant avers that if there was loss or injury to any of the said live stock, the same was brought Bout by the failure of the plaintiffs to properly protect them by beddig as agreed, together with partitions so that the horses and mules would not be mixed in one cammon car; the inherent vice or wild er unruly condition or conduct of said live stock, includ- ing self inflicted injuries; the inherent defects weakness or vitality of the stock, and the i111 effects of being crowded into the car for transportation . --Third-- That , as a condition precedent to any right to recover any damage for loss or injury to said live stock, notice in writing, of the claim therefor shall be given to the agent of the carrier actually delivering said live stock where-evwer said delivery may be made, and such notice shall be so given before said live stock is removed or is intermingled with other live stock, and the defendant avers that no notice in writing, of any claim whatever , was given to the asent of the carrier, the de- fendant, before the actual delivery of said live stock was made to the plaintiffs in the action. And having fully answered, the defendant ask that it recover its costs, and go hence without day. OMurces Attorney for Defendant. North Carolina Iredell County W. P. Maher, being duly sworn says, that he is Local Agent at Statesville, N. °. for the defendant Company, that he has read the foregoing Answer and the same is true as of his own knowledge,except matters and things stated therein upon information and belief, and as to those he believes it to be a true. Sworn to and subscribed before me this the --- day of July, 1907. North Carolina In the Superior Court. Tredell County January Term, 1908. Neikirk & Follett Special instructions V8.6 asked by defendant. SOUTHERN RAILWAY COMPANY. When the defendant company accepted the car of stock, it did not guarantee a speedy delivery, but that it would exercise reasonable diligence to carry tra stock to its destination. There is no fixed rule of law determining what will, or what will not constitute an unreasonable delaye It was the duty of the defendsnt +o exercise ordinary care and dil- igence to avoid unreasonable delay. It determining whether there was or was not unreasonable delay , it is proper for the jury to consider whether the facilities of the carrier for transportation for ordinary purposes were sufficient ; whether there was a quantity of goods for carriage; whether there was such an amount of traffic , that the facilities employed could not carry ; whether the press of business of the carrier was so great , that the same could not be moved with ordinary care and diligence, and in considering this, - the jury should take the number of trains of all kinds, freight and passenger, which were being operated along the route; the question of certain trains , such as mail and passenger having the right of track; the congestion on and along the way , if such there was, because of the amount of business being done by the carrier , and say whether from all the circumstances , the defendant used ordinary care and diligence in the movement of this car of stock. Elliott on Railroads, Vol. 4. Page 1730. { "£) And if the jury should find from the evidence, that because of the number of trains operating over this line , it being a single line , was so many , and that many of these trains , because of being carriers of mail and passengers, had the right of track ; that there was suck a con jpestion on and along the way , because of the press of business, that with ordinary care and diligence the defendant could not make quick delivery, then the Court charges the jury that the defendant, would not be liable , and the jury should ans~ wer the / — issue The Court charges the jury , that the railroad com- pany is not an insurer against delays, and is not liable when the delays are not attributable to want of care and diligence. Tf the jury should find from the evidence , that the car of stock left Mooresville at five or six o'clock on the evening of January first, 1907, arrived at Charlotte the same night , went out from Charlotte on the eveming of the second at three--ten, was delayed at Juno fo~ tn hours or more because of the blocked condition of the road, was de- layed at King's Mountain two hours and thirty- five minutes because of trains having prior right of track; that it arriv- ed at Blacksburg on the morning of the third, was thcre un- loaded, the stock fed, watered and rested until late on the evening of the third, and was then carried to Spartanburg the jury should so find. North Carolina | Superior Court Iredell County J Jany Term 1908 Niekirk & Follett | vs. Judgment . Southern Railway Co., | This caus® coming on to be heard at this vrerm of the court before His Hon. W.3B.Council Judge and a jury ,and being heard ;and it appearing that the parties plaintiff and defendant have agreed that the jury shall answer the first issue submitted to them "Yes" and the — second Five Hundred dollars . It is therefore comsidered and adjudged by the Court that the plaintiffs recover of the defendant the sum of Five Hundred dollars with interest thereon from Jany atth.at the rate of 6 ¥ per annum till paid af their costs of action to be taxed by the Clerk of this court. By consent. ZL a Eo , | sce Wran Lose KY Ie ete Judge Presiding... tys r Plaintiffs. AoC Cob Suche "em i me ee ee ee Atty for defendant. Prenat | ~~ Pay 4 ey ot : = <7 3 Docket (44244... IN THE SUPERIOR COURT County. 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County Tax, when Jury impaneled Magistrate. ............0000.0 Supbscrapeagerse) ge secescaseeneiscuevercseses oselarss mic eres? Plaintiff's Witnesses “ a“ seeeees ereeee oneeer seeeee oeeeeee ereeeee “ ereeeee “ Pee een semen sewn en ee eee wen hes een eaten sen ee eEeees en nesenesen eset eee eee eaeesengesewenestws _ - ceil ll NE OTe * , ‘4 p Am ¢ Le ge |, * Ve £/3/- TIC eeenceccees CIVIL DOCKET. a. BILL OF COSTS-CIVIL. (As fixed by the Code.) a ee Railroad Records 1908 9 $1 32 } oe — ? a ee ee « © ‘ ———— et fi adiline jemi sito ati ities ee ‘ oo, i newts piesa tnshtint tit tt tt } | | ‘| | Fe | } | | | | | | | ee { | | ee | | id ES a 8 = 3 ih epee co= Soo Se “aN. <——— ~ =< ae No. 106 Siramons f for a. pe ckidad aid lor sale a6’Tum tdnaeniinc dob Orrwe, Statesville, N. C. mar.9’98—1440 - Pilea Copan 2 THE SUPERIOR Court. yw FY. oh. g ALI 4hkK= oA Vo) wy Summons For RELIEF. ; CU Py, Qheyeeg La, Tue State or Nortu Caro ina, ...be found within your oe to be and appear before the Judge of ....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 De- fendant.. .take notice that if... fail to answer to the said complaint within that time, the Plaintiff... will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. | SUMMONS, FOR RELIEF. | Returnable t .Term, 167. of t Superior Court OF. siscssscssessesscee00 cust . ..County. North Carolina, In the Superior Court, Iredell County, July Term, 1907, Richard Pearson, Plaintiff, COMPLAINT. Southern Railway Company, ) ( ) ) ( ) ( ) ( ) Defendant. The plaintiff complains and alleges: First:- That the defendant is a corporation duly organized and ex- isting under the Laws of the State of Virginia, and is now, -and was at the time hereinafter mentioned, engaged in operating a railroad from Charlotte, North Carolinas, to Taylorsville, North Carolina, and elsewhere in said State, and for the purposeof itsbusiness kept, main- tained, and operated a shifting engine over its tracks, in and about Statesville, and kept in its employ for the purpose of moving, shift- ing, loading and unloading cars, 9 conductor, engineer and fireman, and other helpers, and was so doing at the time of the wrongs and in- juries hereinafter complained of. Second:- That on or about Saturday, the third day of November, 1906, the plaintiff, Richard Pearson, being in the employ of the defendant company, was engaged as a brakeman in the shifting engine crew, which crew was engaged in operating said shifting engine over the tracks of the defendant near to the depot, ae Statesville, N. C., and on the day aforesaid, while engaged in said work as brakeman, and while upon the engine and tender of the defendant, which was being used by said crew in shifting certain cars from the Statesville depot to the States«= “ ville Of1 Mill, over the treoks of the sata defendant, the said en- gine and cars upon which the plaintiff was working, when they reach- ed a point on the defendant's track, near the Statesville Cotton Mills, were violently and negligently thrown from the track and over-turned, and the said plaintiff, in order to save himself from death, jumped from the said engine thereby receiving serious and permanent injuries, more particularly described hereafter. . ze “Third := That the track of the defendant, over which said engine and cars were passing, as the plaintiff is informed and believes, was : -l- ed ' : : bid ciel a — negligently and defectively constructed, and the defendant, negli- gently and without proper care, allowed said track to be and remain in a dangerous and defective condition, unsafe both to passangers and employees, for the passage of cars over the same; that the cross- =/)) ties upon said track at said \point were in a worn and rotten condi- tion, and on account thereof were insufficient to hold the spikes driven therein for the purpose of holding the rails in position, and the said road bed and track at said point were, by said defendant's negligence, allowed to be and remain in such worn, unsafe, defective and dangerous condition, and by reason thereof, and while the defend- ant was negligently and without proper care, backing the said cars over said place, at a high rate of speed, the cars of said train were dersiled, and the plaintiff forced to jump from the tender as aforesaid. Fourth:- The plaintiff further alleges, upon information and belief, that the air brakes upon the engine, which was pulling the said train, were defective and uncontrollable, and that said condition was brought about by the negligence and want of ordinary care of the defendant Company. Fifth:- That at the time of the accident aforesaid the plaintiff, Richard Pearson, was about 28 years o14, in good health, active and vigorous; that he had been in the employment of the railroad Company for some time, and was commanding good wages for his work; that as a result of the wrongs and injuries above mentioned, the said plaintiff Was seriously and permanently hurt in his back and leg, so much so that he was confined to his bed and home for over five months, and was un- able during said time to do any work at all; that plaintiff suffered great physical pain and distress of mind, and has not yet recovered from the effects of his injuries, so that he is able to do a day's work; all to the plaintiff's great damage, to wit: in the sum of Nineteen Hundred and Ninety-nine Dollars. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $1999.00, and the costs of this action to be taxed by the Clerk of this Court. Attorneys for the plaintiff. North Carolina, Iredell County. Richard Pearson, being duly sworn deposes and says: that the foregoing complaint is true of his own knowledge, except those mat- ters and things therein stated upon information and belief, and as to those he believes it to be true. Sworn to and subscribed before me this the day of Jume, 1907. ; ‘we North Carolina { In the Superior County Iredell County i July Term,1907. | Richard Pearson, Plaintiff { vB i ANSWER. Southern Railway Company, Defendant. i P ~ & The def@mdant answering the complaint and for answer says: --First-- Th at it is a corporation duly and originally created , organiaad and existing under and by virtue of the’ laws of the State of Virginia, and was at the time alleged in the said Com- plaint engased in tperating a railroad from Charlotte, N.C. to Taylorsville, N. ©., with all and sufficient tracks and appliances necessary to its successful operation. --Seocond-- The defendant admits that the plaintiff Richard Pearson upon the day named was in the employment of the defendant Com- pany, as a brakesman, but all other allegations in said para- graph are not true and are d mied. --Third-- That the allegations cort ained in the third paragraph of thé Complaint are not true and are denied. eo : -~Fourth-- "That the allegations contel ned in the forth paragrary of the” Complaint are not true and are denied. et {24 : --Fifth-- | » «That the allegations eontained in the fifth paragraph ef the Complaint are not tume and are denied. a ona oe be 5 ea ee oe gly > Wherefore, the defen@ nt having fully answered ask that it go hence without day, and recover its cost in its behalf Attorney for Defendant/ W. P. Maher, being duly sworn says, that he is Local expended. Agent for the Defendant Company at Statesville, N. C., and that the foregoing Answer is true as of his own knowledge, except. matters and things therein stated upon information and belief , and as to those he believes it to be true. Sworn to and subscribed before me this the 5th day of July, 1907. Mie Nuveen (3.7. Lone, Pu Kn, ane VY bast for Q o2+ por a th Cowit Hoe fe bore ips! SS as ey we 3 Original Summons, or names therein... Every,copy of same IN THE SUPERIOR COURT County. 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E10 errs eaten eccceces | lereeseeeeees |enesstee ih) “ “ “ “« POSTS SOCSSESSSSS FECES OOSE SE STESESS CESSES ESEES + OCSe +0008. COeCCe seeecee |] eeeeeeceee | #°: eeeeee Seereeeeees |e eeeereee 4“ “ eee ee errors | orrrrerrrrs Color) | perrrerreren Crrirmrry “ “ econ - eeeee 8 teeeee§ Lleceeee eeoee. Oe ceell seeceseooes Defendant’s Witnesses. s ar ant’s W es Seeeee sacseee! | eaeccescoues| cosssoeee [scenes conse] eceresees “ “ © [| ececereceoes| eoces cool] eocees roeees Ores eweeesseeeceoeoess secsece [lee sessccesel see eoeee erecveee en 98 | CIVIL DOCKET. BILL OF COSTS—CIVIL. (As fixed by the Code.) /b@ ate Neda he Railroad Records 1908 SUMMONS FOR RELIEF,—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-’011M iS Iredell County:~--9n the Superior Court. MOOP-@SV-111.0--COtt Or MAL] gy nnnnnnnnnnnecensencecenernenernenen | AGAINST SUMMONS FOR RELIEF. --The_Southero..Rail#ay..Compaay— State of North Carolina, To the Sheriff of _.. Iredell... County—GREETING : Wou are Hereby Commanded to Summor ........ The Southern Railway Company. the Defendant... above named, if ...4L......... be found within your-Ccunty, to be and appear before the Judge of our Superior Court, at a Court to be held for the County of ........ Le LEE... at the Court House in -.: on the.........0... Monday fron. oes eX ieee Monday of 22.4... the same being the <2 7 day vf and answer the complitint, a copy of which will be deposited in the office of the Clerk of thé Superior Court for said County, within the first three days of said Term, and let said Defendunt..... take notice if <1... fail to answer to the said complaint within that time, the plaintiff.......... will apply to the Court for the relief demanded in the complaint... ) enone Hereef, Sail not, and of this summons make due return. Given under my hand and seal of said Court, this 2.0. day of AC A&ege cee _ 190... a Af ke LU LZ ee ee Clerk of Superior Court Kec LEEK County. “ y <1 Witness our hands and seals, this -.1.Q...2..20: STATE OF NORTH CAROLINA, In the Superior Court. SNS Soo COUNTY. Mooresville Cotton Mills. stl eel ceemacabeiens 3 cee AGA ; . . ; ‘BON D. The... Southern. Rai Lleay. Company a We acknowledge ourselves bound unto The. Southerd- Riilway-Companay——-—— con eeeeeeeeeeeneeeesenennnnne the Defendant in this action, in the sum of' Tad: Hundred... ... Dollars, to be void, however, if the Plaintig Mooresville: Cotton Mills. shall pay the Defendant........ all such cost as the Defend- ant..:.:...;may recover, of the Plaintiff......:-::. in this action. \ above his debts, liabilities and property oe from executiong. ".. Sworn to and subscribed before me this )é2 £. am. day of .. Peo & —— . ; Pe ae Os Th CA 8 ee oe am 2 & = « & 3s OO. | = £ oe H> £8 § C2 ww 8 S . ¢ cies ae BASS i Aq . , sr 4 / SUMMONS FOR RELIEP.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-’011M _County.--Gn the Superior Court. AGAINST SUMMONS FOR RELIEF. 7 pe. ———t t —, State of North Carolina, 2 ) To the Sheriff of... SL LQ ne! County—GREETING : | Wou are Hereby Commanded to Summo ee : seb woewworncticccccccccccccccccccccccceccnsecececccnceescecceee cece cescccccccccccccccecccsccccccccsocccce Court, at a Court to be held for the County of a: ahem aaa at the Court House in aan Ww ‘ day of. FOAKEG and caer the complaint, a copy of whjch will be deposited in the office of the Clerk of the Superior Court for said County, within the first res days of said Term, and let said Defendant: — take notice if fail to answer to the said complaint within that time, the plaintiff, ae will apply to the Court for the relief detianded in the complaint. , , Hereof fail not, and of this summons make due return. of Superior Court \S4C CE Lo eennnnne County. STATE OF NORTH CAROLINA, In the Superior Court. +R ge ng get ot mn ° — ei Sale mo ff 3 = —_ | ig tI 2 § C= i ¥ v*): ov : c= : iy 2 > | Ss pea iN | w : : : > 28 : | S 2&8 3 . — an & > B 3 3 ol gs 8 Rr oe ~ a «n ot a rook ee eect eee adr lt apn «ate enti” ie eae mo ei aes tone MR paseo me oe North Carolina In the Superior Court Iredell County May Tern, 1905. Mooresville Cotton Millis v8 ——§outrern Ratiwey Company, Ranta stent en erencea iron a ae poe The defendant-answers the Complaint and syas: | ---First--~ That the allegations contained in the first paragraypn of the ConpLaint are true. 7 o=--Second--- That the Southern Railway Company is a corporation duly and originally created, organized and existing under and by virtue of the laws of the State of Virginia, and was in April 1904, end had a freight depot at Mooresville, N.C., with a proper agent to transact its business. That its business is to receive freight to be trans- ported »; the defendant over 4¢s lines “and deliver to connecting carriers. o-- Third--- That it is true that the plaintiff delivered to the de- fendant at its freicht depot in the Town of Mooresville, 9 bales of sheeting consigned to Catlin & Go., Minneapolis, Minne, and defend an@ avers that it safely carried and delivered saia 9 bales -of shect -. ing to its connecting carrier; and that the same so consigned to Catlin & Co., arrived at its destination jn good order and in a _ereasonable length of time, as defandant is informed and believes, ---Fourth--- That the allegations contained in the fourth peragraph of the Complaint are not true and are denied. tLe ---Fifth--- That the allegations contained in the fifth paragraph of the Complaint are not true and are denied, ---Sixth--~ That the allegations contained in the sixth paragraph of +the complaint are tmtrue and are denied. ~--Seventh--- That the allegations contained in the seventh paragraph of the Complaint are untrue and are denicd. --~-Eighth-<- That it has no information or knowledge sufficient to form a belief as to the truth of the allegetions contained in the eichth paragranh of the complaint and denies the sane, ere-Ninth=- That the allegations contained in the ninth paragraph of the ponplaint are not true and are dehied, And for a further Answer and defense to plaintiff's com- plaint, the defendant alleges and pleads as a bar to this action that at and before this action hecgan, to wit, on the l2th day of Deter ber 1904, another action was brought by the plaintiff against the defendant for the same alleged cause of action, and that the same is now pending and wunterminated in the Superior court for the ,ounty of Iredell, and having fully answered the defendants asks that this action be dismissed, that it receover its cost in its behalf expend- Attorney ro Dea ed and go hence without day. W. Re Brown, being duly sworn deposes anu says that he is the local agent of the defendant, at Statesville, N.C., that he has ~-read the foregoing Answer , and the same is true to his own knowledge, except as to matters and things steted therein upon inform ation and belief, and as to these he believes tt to be true. Sworn to subscribed hefore me this the I. anh we w- a aac’ of North Carolina In the Superior Iredell County Mooresville Cotton Mill vs NOTICE. Southern Railway Co. To the Mooresville Cotton will and Z V. Turlington,Fsqe “e Take notice that on the 6th day of December, 1905, at UL o*clock A. M. in the office of Harmon, Colston, Gholson & | Hoadley, St Paul Building, Cincinnati, 0., before Mr. Eugene eee Commissioner, the undersigned will take the deposit tions of William Wilke, of 1032 Bay Miller Street, and yanes|W. Ellis, Jr., 1018 Clark Street, Cincinnati, O,, to be read ax evidence for the defendant in the above erititled action which 5 is now pending in the Superior Court, of Iredell County, and State of North Carolina. . And you will further hake notice that if the:taking of said dejiositions is not concluded on said day, the same will be continued from day to day, when and where you can appear as you may desire. Souther flalrrea, This the 18th day of November, 1905. (2, ee Fa € Sucee — . (Zc Woo 08 | | ow ots North carolina Superior Court Iredell county January Term, 1906. woorcsville Cotton Mills I vs I JUDGMENT. Southern Railway Company. j This action coming on to be heard before His Honor W. } Council, Judge, and the plaintiff desiring to proceed no further in his action, comes into Court and takes a non- 24 ee i. ; ~ = { - ‘os ° Ne suits NY “ It is , therefore considered and adjudged by the Court that the plaintiff in the action be non suited in said | action, and that the defendant recover the cost to be taxe Judge erastatae! by the Clerk of the Court Mooresville cotton Mills vs Southern Railway Company. March 5th " llth ” Rec April 26t mr 26th May 7th April 26th. May 14th 15th: 23d 27th 27th 3d 29th 3/5 5th 4th 5th 10th 10th, 28¢h, 13th, 18th 18th 20th lst Ist 2nd 2nd 2nd 24th 27th 12th 10th llth heetings, Yarns et ered Goods JS ELBERT SHERRILL, PRESIDENT. PASCAL S. BOYD, SUPT. S.M.GOOCOMAN, SEC. & TREAS. . MookesvitLe, N.C. Excess freights, list attached Frt. on repairs tp replace broken machinery Demurrage paid on oars Invoice Wh tin Machine Works Frts. on Machinery to replace " ft ft ? ff Invoice, Whitin Machine Works, to replace " ft 1 " " A Frt. on Machinery to replace Invoice Whitin, to replace " & express, Textile M.S.Co. Frt. on Machinery to replace Invoice & Frt. Textile M.S.Co. to replace Frt. on Machinery, Providence " " Invoise, Crompton & Knowles " " “ , Whitin . . Sundry freights Invoice, Crompton & Knowles " , Saco & Pettee Frt. on Machinery, Providence Invoice, Whitin Express, Pawtucket, to replace Frt. on Machinery " " Invoice, Whitin ® . : Odell Hdw. Co. =." D.A.Tompkins Co. Frt. on same Frt. on pulleys, Charlotte " - . Br ble Mashineeya Prov. Invoice & Frt. Tex. M.U.Co. : 2 Fales & Jenks Frt. on pulleys " on machinery Invoice, Whitin Mach. Works to replace 1775.40 15.67 5-00 675.00 216.20 16.85 -9.80 36.00 76.45 10,74 112.50 39.50 10.50 15.48 56.79 11.77 148,30 28.10 7.49 75.00 99.49 27.49 16.42 4.85 26.86 64.44 507 «26 32,85 «92 36.65 ~ -89 8.25 42.15 39.96 48.31 7.46 15.00 56.34 4379 GC ? QUOTATIONS FOR IMMEDIATE WIRK ACOBPTANOE ONLY, AND SUBJECT TO PREVIOUS SALE. ORDERS SUBJECT TO UNAVOIDABLE DELAYS July 18th . 17th. 17th. 17th. 18th. 10th. 10th. 6th. 26th. 15th. 19th. 2366 20th Sth 8th 7th 7th heetings, Yarns alpaca Goods SELBERT SHERRILL, PRESIDENT. PASCAL S. BOYD, SUPT. S.M.GQOOMAN, SEC. & TREAS. “ Mooresviile, N.C. Frt. on machinery " " 5 pulleys, Richmond. ? " Ifivoice, Crompton & Knowles -s Whitin, Textile M.S.0o. » Saco & Pettee Fales & Jenks 5 Whitin Crompton & Knowles Invoice , Kitson Frt. on pulleys Invoice, Saco & Pettes Whitin Kitson Draper Whitin Saco & Pettee on machinery Whitin Draper Invoice, machinery, Potomac Yards ft n wt Li " " tt ff " n f Li " "” Kitson Frts on machinery a” | w Invoice, Whitin La] bi] " Textile M.S.Co. Whitin Li Textile M.S.Co. ff " on machinery Ly Li 23:33 833 383 3 33 33233832 to replace 33 sss 2332339323 83 zs 2ses3 8 3 323 332323283 3 | 2.87 1.48 56.70 12.00 266.52 170.00 15.00 9.60 | 9,87 28.32 54.00 985.00 21.00 5230 2077 226.46 3013 45.00 6.75 37500 276.50 12.84 Cala 19.20 90.00 57.99 90.33 2.00 9.69 7.05 2016 53.02 98.50 28.74 120.00 121.80 27 .00 93.18 137,42 3.55 10.86 18.96 orarroné FOR Sueeptare Jinn ACCEPTANCE ONLY, AND acEreotes PREVIOUS 33.65 OKDERS BIBKCT TO UNAVOIDABLE RLAYS " W a 2.54= aloost neetings, Yarns anitiveret Goods AELBERT SHERRILL, PRESIOENT. PASCAL S$. BOYD, SUPT. S.M.GOOOMAN, SEC.& TREAS. Mooresvitte, N.C. Oct. 2d Invoice, Prov. Mach. Co. to rephace 78.09 " $d " Whitin Mach. Works, . " 47.51 7th Textile M.S.Co. 61.74 9th » Fales & Jenks 42.30 9th Whitin 82.96 7th Frt. on machinery 14.55 14th Invoice, Saco & Pettee 234.01 10th " -, Whitin 39.78 12th " 18.00 16th " " 31.30 18th " Gen. Fire EX. Co. §.15 11th Frt. on machinery 2.13 17th c _" iz 22.56 25th . " ™ 19.40 22d Invoice, Sacof & Pettee 74.85 23d " , Providence 143.97 24th Whitin 15.60 23d Draper 58.40 24th Crompton & Knowles 75.00 28th Whitin 248.00 29th Prov. Machine Co. 13.91 29th Saco & Pettee 85.49 3lst Whitin 26.66 31st Frts on machinery 4.28 9.53 2.50 3572 61,01 162.27 455.30 22.30 Jan/8/07 1 Slasher broken too bad for repair 1500.00 8 Deliveries of drawing broken too bad : for repairs @$65.00= 520.00 3 Atherton Pickers @3750.00 2250.00 4 4-box looms lost @$120.00 . 480.00 1 Plain loom 50.00 6762.27 . kG HE, wh 3 23 263 3 3 s32 33 83423 8333 833 233 233 83823 232323923223 2232232382 222322283 8 8222222 " ? Li " " tt " " tt ft L ? n w Li " w " tt Nov. 4th Frts on machiner "1st Invoice, Textile M.S.0o. 8th Frt. on machinery 6th Onvoice, Whitin 12th . . "13th . . | " 18th " , Lowell Machine Shops srs 3a3323 = 3 7 QUOTATIONS FOR IMMEDIATE WIRE ACOEBPTANCE ONLY, AND SUBJEOT TO PREVIOUS SALE. ORDERS SUBJECT TO UNAVOIDABLE DELAYS 70 Nites EGC teas VAELBERT SHERRILL, PRESIDENT. PASCAL S. BOYD, SUPT. S.M.GOOOMAN, SEC.& TREAS. >? ESVILLE. "<I éu 0] ——e ee wpucy Car I.C. #29590, overcharge $170.98 f " 1.C. #29214 i" 132.80 - " St.L & S.F.#120529 " Bigg Four #3522 . Car C.R.1.& P. #250328 ft " ot tt #60 540 tt M.& P. ee S.F. #82640) transferred St.L.I.M.& S. #14321 #34412 154590 #16508 #11814 #17682 #58289 #58512 #1665 497996 #50298 #130332 overcharge pele = 3 Li " wT " w ft Li bi " tt " a Woy 2» 9 QUOTATIONS FOR IMMEDIATE WIRE ACOBPTANCE ONLY, AND SUBJECT TO PREVIOUS SALE. ORDERS SUBIJEOCr TO UNAVOIDABLE DELAYS SUMMONS FOR SERMONS FOR, RELIEY —Judge—Printed ani and for sale by Deady, T The Printer, r, Statesville, N. c 4-21-’07-1M. co Pa ee County.~- Gn the Superior Court. Breen be CA gp 1 4 ee SUMMONS FOR RELIEF. Corre farm —_ | a State of North Carolina, To the Sheriff of Fix cut A .County— GREETING: on are berebp Commanded to Sanmon a XN the defendant....above named, if aA........ be found within your County, to be and appear before the Judge of TP 46 at a Court to be held for the County of.. DU ht LA_ -.at the Court House in ; f. on the LS Monday after the... (“<> a Monday of..447 /&— Aner the same being the LE ORY Of Mer, 190. 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 it ch. they fail to answer to the said complaint within that time, the plaintiff... will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this 5. = day of } — x 190.5. . STATE OF NORTH CAROLINA, 5 Q, eo In the Superior ont eer-¢: Het > fnestichimriethbeitisesiteterisindpegfow rn f — . spiel 11; WE ae sani: ourselyes bound, rn C ‘ ; f the Defendant.......in this action, in the sum nla. a i i.i-«-4<Dollags, ta be: void, f Han Shall pay the: Defendant.........al] guok however, if the. Plaintig. aided gost ag the Defendant... may recover of ge Pant ar PUTho ot Pi te--fo- - Witness our hands and seals, this. / © —=>-..day of ...ihs- Onn Sirhie.. er and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me.this./.¥_... day of. Q Se 190 - ’ SID" C7 © ot ae eas e r SET igo gs a a rt Seti = f BS > SS om | = 4 Hl Lil 8 8 é fH 2 ot | | < oo Be waeecese ° eee Cc | i wn Se Uys a } oS & a Po : = f os ny < — Ss | o you be tockeps MAES inte i dl ts ! — = : lo rg eHeHeE OF es 5 tae 2 v ; | J = 2 &. i. P OLDER oi Sil | Cr o Me : \ A “4 4 % 3 SS VAY | \ sett temner t _ . = uses ane VOVIMNeEL - seh ai A is Saghhs 4 eee hs wv Pee Gomy ennmpne LOW MEPIER—1aqke 1.40 (69 vuy por aye ph yauyd ape pagper’ eparoan ye uC 4-92-0019 ; } F ee bine ies * oe . a | y beh tg : |nortn Carolina # In the Superior Court. t ae County # May Term 1908, Mooresville Cotton Mills, a corporation # vs. # Complaint. | | | Southern Railway Company, Defendant. # I f . “The plaintiff, complaining of the defendant, alleges:- i First:- That the plaintiff is a corporation created, organt “| an0ed and existing under and by virtue of the laws of North © c (Carolina, having its principal office and place of business in) } ‘the town of Mooresville, North Carolina, owning and operating | “y _eotton mills, and engaged in the manufacture of yarns, sheetings ° land other cotton goods. | 4 He. H ' Second:~ That the defendant is a corporation created, organ+ i | |dzed and existing under and by virtue of the laws of the State of Virginis, doing business in the State of North Carolina and! |elswhere and engaged in the business of e common carrier of ! ‘freights for hire and. was so engaged at the times hereinafter | ‘alleged, : | a Third:— That on or about the ___day of October 1906, the " praintire purchased from the Whitin Machine Works at Denver, ‘cotorado, @ large lot of cotton mill machinery, known as the joverlend Cqtton Mills at Denver, Colorado, consisting of 480 oom, 16,000 spindles, and a complete dying and finishing plant, ‘together with all necessary appliances, machinery and lparts complete, for the vurpose of shipping same to Mooresvill by bros Carolina, to be used and operated by the plaintiff in “eotton manufacturing. | Fourth: - that thereafter, to-wit: on and between the dates. | December 17, 1906 and February 21, 1907, the plaintiff deliver¢a” eis machinery to the Union Pacific Railroad Company, the _ i Polorado and Southern: Railway Gompany, and the ‘Chicago, Bur ©. hangton and Quincy Radiway Company, for shipment to Moores-— L Stk iva1le, ‘Worth Carolina, under them then publiensa exxextbrough | irates of said respective railroads and other connecting car- i ‘kak forming through lines; that said a paaidal where accepted } jana through bills of lading issued to the plaintiff for same jas ‘shown by the original bills of lading, to be produeéd’ by i 'the plaintiff upon the trial of this cause and which consti- itute a pea or this complaint, | . Iracun:~ ‘That. at the time of said shipment from Denver, Col— Lag lo oradé,’ sata: machinery was correctly weighed and placed in oars i { |for ee en that the freight for said shipment as stated on balls of lading was demanded of the plaintiff by the defend— ‘ent upon the delivery of said shipment at Mooresville, North \Cerolina, end paid by the plaintiff; that the defendant over- ‘charged thé. plaintiff in freight the amount of One Thousand, \Soven Hundred, Seventy-Five & 40/100 Dollars, which said amount was claimed by defendant as an additional charge for loverweight as they claimed; that the said amount of overcharge’ was unjust and not due the defendant and the plaintiff paid | line same under protest, but was compelled to pay the same in t ‘order to get possession of said shipment; that the defendant tt \is thus indebted to the plaintiff upon this count for over- | charge in freights in the sum of $1775.40, and interest on | same at the rate of six per centum per annum from the lst day | | lof March 1907 until paid, ef | { i i | Sixth: - That two car loads of said shipment of machinery [nas never yet been delivered to the plaintiff, though demanded, hand as plaintiff is informed” and believos, the same has never iyet ‘arrived at its destination; that upon the arrival of the ° fe eisiee of said shipment, the same was greatly and badly |injurea, damaged and destroyed, to the great damage of the_ |pleintire in the sum of Thirteen Thousand, One Hundred, Sixty- ||one & 16/100 Dollars, together with interest from March lst. | l 1907 until paid, which said damage arose as follows:— Por ———— ~iesooonte = machinery lost, immminjured and damaged in transit; for ma- | |) chinery lost or withheld from the plaintiff as aforesaid and never delivered; for imachinery demolished and destroyed by | “the defendant in transit; for repairs and machinery to re- ee Soa ogee SSeS Place broken and damaged machinery; demurage, freights, ex- penses incurred in connection with replacing broken and in- | nen agniw jured machinery, all of which, together with said excessive freight, charge as set forth above, is shown in detail by ~. . itemized statement hereto attached, marked Exhibit A., and A ST OP OSES aE Ls | made & part of this complaint. | 4] | Wherefore, the plaintiff demands judgment “against the | defendant: —. | | (1A. For the ‘sum of One Thousand, Seven Hundred, Seventy— Five & 40/100 ($1775.40) Dollars, together with interest 6a same at the rete of six per cent. eh akin from the ist day) of March 1907, until paid: ah (2) For the sum of Thirteen Thousand, One Hundred, Sixty-One. & 16/100($13,161,16) Dollars, tokether with inter— est on same, at the rate of six per cent. per annum from the Ist.day of March 1907, until paid; (3). For eee of this action.to be taxed by the clerk | of this Court, and for such other and further relief as | may be just and proper, and that this case be referred to || some Competent person to take and state the account dDptween | the parties and report his findings and conclusiosise of lay | to this court, | ee a F pe fig ate | : = Lx ew Ky hes, La Ke Made | Dounbel for the Plaintiff. Ph, @. Fathcsares being sworn says that the. plaintiff is a corporation; that he is the secretary and | treasurer of same; that he has read the foregoing complaint i | ' and that the same is true to his kusumiknowledge, except as | to those matters therein alleged upon information and be- \ || Ddef and as to those matters he believes 1t to be true, - he Sworn to and subscribed eZ . ww Mees vs ‘; before me this the. day of May 1908, a es > NORTY CAROLINA, In the Superior Court, . a. Oy Term, 190° oCeee oe CounTY j sroseeecetenene Bond for the removal of this = a cag, | Co7T | : Ve : cause to the United States Circuit ou AL, sae ae eet tek este escrtct eh anedaee Gnu Bethe > er, Li. (2 oLrrog Crus ony District of North Carolina. ape all men by these presents, that the Southern Railway Company as principal, and MTA, co “> of U~e4 sus... County, North Carolina, as surety, are held and firmly bound unto Vi oo-re ui hk Gs ether. Fn La and all other persons whom it may concern, in the penal sum of Five Hundred Dollars, for the payment of which, well and truly to be made, we bind ourselves, our heirs, representatives, successors and assigns jointly and severally, firmly by these presents. Yet upan these conditions: The said Southern Railway Company having petitioned the Superior Court of ae —cOolehe County, in the State of North Carolina for the removal Co certain cause Bae the Superior Court of said County, wherein, WA oer ut lhe ageseians olen is plaintiff, und the Southern Railway Company is defendant, to the Circuit Court of the United States, in and for the UA tt inranncdlisy District of North Carolina ; Now, therefore, if the Southern Railway Company, the petitioner, shall enter into the said Circuit Court of the United States on the first day of its next sesstou, a copy of the said suit and shall well and truly pay all costs that may be awarded by the said Circuit Court of the United States, if the said Court shall hold that this suit was wrougfully or improperly removed thereto, then this obligation to be void, otherwise to remain in full force and virtue. Witness our hands and seals this STATE OF NORTH CAROLINA, ) County or LON I, A ‘ VS Aad rereg, of said County of...... Uren cceeeeveseeeee BO State of North Carolina, the surety named in the foregoing bond, being duly sworn, depose and say that I am a resident of the State of North Carolina, and a property holder therein; and that I am worth the sum of Five Hundred J ollars over and above all my debts and liabilities, and exclusive of property exempt by law from execution, and that I have property in said State of North Carolina liable to execution of the value of more than Five Hundred Dollars. Sworn to and snbscribed before me da of 214 ae Ve o 6, Hiatligeg, ola 14/927 STATE OF NORTH CAROLINA, ) SUPERIOR COURT, CouNTY. j ee cocceveseven sestuteneesvenueeveieeseeseons 190 . Order of removal. PLAINTIFF, THE SOUTHERN RAILWAY COMPANY, DEFENDANT. On the pleadings and proceedings herein, and on the petition and bond filed hereing by theydefendant on pypxisions of the Act of Congress of the United States, and on motion of L (* Nea LE ,attorney for the defendant, The Southern Railway Company, it is oviered that ¢he bond offered by the defendant be approved, and that the Superior Court proceed no further in this actiop,,and that this action be removed into the Oirguit/Cour the United States for the STATE OF NORTH CAROLINA, 4 SUPERIOR COURT, CouNTY oF Cle Le Petition to Remove this Cause to PLAINTIFF, the United States Circuit Court vs. 7 for the.. Un THE SOUTHERN RAILWAY COMPANY, District of North Carolina. DEFENDANT. To the Honorable, the Superior Court of the County of.......... TITS: Deg k, es , State of North Carolina: Your petitioner, The Southern Railway Company, a corporation originally created and organized under the laws of Virginia, respectfully showeth that it in oe —_——_. do. oh... the above entitled, sit or civil action, which was begun against it in the said Superior Court of J. Seee County, North Carolina, by the issuance and service of a summons, and that’a complaint has been filed in said action, and that the defendant, your petitioner, files this petition at or before the time when itis obliged to answer or demnr to the complaint. That the matter in controversy therein exceeds, exclusive of interest and costs, the sum or value of two thousand dollars. That the said suit of civil nature, and is an action for the BeOEeTY of. as am 24. << i la a WS A ee a Cot. ee L fs i por Your petitioner futther states that in the said above-mentioned civil action there is a controv ersy whfch is wholly between citizens of different States, and which can be fully determined as between them, to-wit: a con- troversy between your said petitioner, which a was ee enc aa of thigac 3D and till ig, a citizen C of the State of Virginia,and DENS BON cna aes inert act arr as ecererem ane are nena e coc eees seta erie veees ests etenneanse sss ssssytenteenrieeseesneeseeesneenees a whe, your petitioner avers, was, at the commencement of this action, and still is, a citizen ‘of the State of North Carolina, and of the. Usirtinn. District thereof, and that both the said Mew wt hh a oll. Wus _ aud your petitioner are actually interested in said controversy aud ‘was so interested at, and stil] is so interested in said controversy. And your petitioner offers herewith a bound with good and sufficient surety in the sum of Five Hundred Dollars for its entering in the Circuit Court of the United States for the... Wrialirn District of North Carolina, on the first day of its next session, a copy of the record in this action, and for paying all costs that may be awarded by said Circuit Court, if said Court shall hold that this action was wrongfully or improperly removed thereto, and for entering special bail, if such be required. And yonr petitioner prays this Court to proceed no further herein, except to make an order of removal, and to accept the said surety and bond, and to cause the record herein to be removed into said Circuit Court of the United States in and for the USrrdivn District of North Carolina. STATE OF NORTH CAROLINA, CouNTY OF Aree . . &. c. Cah Dt ....... being duly sworn, doth say that he is it. the petitioner in the above-entitled cause; that he has read the foregoing petition and knows the conteuts thereof, and that the same is true, except as to matters therein stated on information and belief, and as to these, he believes it to be true. Sworn to and subscrifed before me this a Bill of Costs,—Civil.—Prirted and for sale by Brady, The Printer, Statesville, N. C. Original Summons, or oth names therein....... : IAN cas acetendictacoitinss Docket... ......eese- Every Copy Of BaMe..... ..ccce-scscscocsesesesescsesesscetssecees sanueranenencneacess Bond, including Justification. ............00+ ces cceccecessneestenereceeeseeee .60 Appeal from Justices........ .......cccceeses ceccscores sorrsversssssscccsccseorcenes 50 Appeal from Clerk to Judge...........cccscccccssesseseeee sessessnccceseecoseres 50 Order for enlarging time of pleading. ..............666 sssccoee cesseeresseeee .25 Interlocatory COTO ORD ccrccccticccseccevsceseccceiccssess cctecacccscarecessccasenscsesn SBE | ccccececccclsecsesee’||. voov scene] vocessess Attachment, Order in..............0+ Penne cnrtas poner scsrrcensccecree Tonrsc EGO) liccecetesea: |oscersees Bere tee teerereee Injunction Order, including Bond and and Justification..... ..... AZOO) || crccecsoscel casteccee||ccesseccececlecceese ss Order Of Arreit.............secsssssee sssssosscesscccs: wovsesvece snesensesssscsenceses LEGO) | escsesececs lacseseece| |btcterstetss lneceseese Subpena, each name.............ce cesses abate loses tecssesarsecneases seccsizee=s= ELS Ul ieccveesses sesssecel| soesansesnee|eeseanees Notifying Solicitor of Removal of Guardian. .. ........sssssseeeeeeres N50) Cercentecces leccensees | | teeranemeees leccecence | Comtima ance... ......-svsseeseneraseeseessserncseseerissaners sesssenssancnanennecenecuaees BOO |jccieeeerses 00) Babes Caveat to a Will, entering and docketing Veeuing COmMmisslon cecccecscss-cssec-cccolcacecsscccsesesaverccucee-tes]ersss) neesees | Afidavit, including Jurat and Certificate - Shae cavensscevdicclisievzetes ct avepscoussvlacpaed uestonrncostanegeonsieendixtaren Sere? 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Filing Papers..........10..ccccccceessese IPOSCARON ACOUGI essccctaccecdesceceecenrserseiesee peocenaastesse svccsccesocesecoesessve Transcript of Judgment...............000 ssesseree Dicctscsunnateesiernersaseres Reecution-ayfl Sheriff's Return.........cscccccsecssecsessee seeseeesnes eee Certificate and Seal....... ... Transcript ro dle Court~55.e2copy sheets, each.............. County Tax, when Jury impaneled............... seceueveves ensue) ceacsecosere BOO) | reessersess Gancesers| | sssereaseerd|acssesees Magistrate. Passes tecveeresteeaeesvIrer® Plaintiff's Witnesees........... auenensesere ceeecuee sesh sasseeseceacceecs? ccscatessace)) laveases ll ceereseseees] secsecsee] lee meevererel | ceasceee : “ oc eeeeeee . * o eeeeceee eueeeeee rT) “ eevee “oe “ee nanee : “ “ eoceees = H — “ ity cconl esr er nenseees etal casas ieee » - “ “ Saeeselllllaseecues Ben | soupsices|l icecerescesel ossbecers t’s Witnesses ant’s Witnesees... ........ Receesenctenvoresseee Deesenrileeececeee Renterseeerreutere cot | Pecos Beal ccasesesehl seeerel ec coe] coos wre “ ‘ pesestesets Resswe veceerncdccocecseeeress saseeses ceseleccoce verses neces sesillectateee seek segseiocel esvatececses | leceenese fii “ eeee Daerttn crecoeetenerersttoetoeresrere coven creeeonesevescerte Matestee maslsesteseec| | secssseeeecs| Rvscseece o fy pesace : peaeers eecaecese ll (ecoseereese eeanees “ “ paseeVersececice ev seced eesecaseee ceaper maceere aereancaaeil fcasovaee cf) city seeeelaces degesca execs rasceuecasees + ceeeevexeevececl eee ay Gis Scvereasents| exebscoea ieees Maticurslerioctess . “e “ee sesesiilosbeuse) Lecesss maces} cavenses}l bosons, evens] sabverees nt ee ee a oe ast RO ee CIVIL DOCKET. BILL OF COSTS—CIVIL. (As fixed by the Code.) Railroad Records 1908 SUMMONS FOR LIEF.—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 4-21-’07-1M. La ~~9n the Superior Court. , Sad Vee he. SUMMONS FOR RELIEF. be found within your pom to be and appear before the Judge of = pa County of i SL, a nee MonABy, after the..../................. Monday of. ( ) EL ba t Lnsonee M20 cst Oa ee elo Na voon 190 ) and answer the complaint, a copy of which will be deposited in the office of the Clerk of the see for said County, within the first three days of said Term, and let said Defendant... take notice it <F-\ they fail to answer to the said complaint within that time, the plaintiff... will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. , > ae Given under my hand and seal of said Court, this../ 6C eee) STATB OF NORTH CAROLINA, } In the Superior Court. AGAINST BOND. We acknowledge ourselves bound unto See ree cern ee sce cererwwnneewrwnennn enema newest eer ete seen een sete eee eeeeRee (eee e nnn enn enn c cece eeneneneweenecnsncancecannencccscecccccncccece the Defendant... in this action, in the sum of... oi seovesensssnveenuesnvees Dollars, to be void, however, if the Plaintiff esc cceeeessseceeegnerttnnecttiseennneseetmneveeShall pay the Defendant.......... -all such cost as the Defendant............. may recover of the Plaintiff... in this action. Witness our hands and seals, this... Day OF anna nennnecsonseenstncesteceeneeceeseneeens A. D. 190:-.::..:. oso pst etcec perso ope lalate rege Oe ae cecpenpeneseeemeeerseneeel (Seal.) See pen 49 eens E cans ccc eycermteneeene ese (Seal.) See ease en cet o apy acu pet teas oetaceeon poured ene egeerersaonceysecyss (Seal.) | Sette eae celeste tee geese eeeen eared being sworn says he is worth the sum of two hundied dollars over and above his debts, liabilities and property exempt from executions. | Sworn to and subscribed before me this.................. Day OF eee eee ecceecceecnceecneeeneennneeeneee 190O........ :|L- - | sr KS Zi i &§ & PWG sO Ee IN mt OU wiz og IN AW g “ nec es 43 ; | NS : i : ef ; EN oe fo oo: i} Aw NON Y NY m : : : »: i ‘ i \ Zw = | DON i S| 2 \ Mm ed AQ N < WT | + -~ | i | = sis :) YY 3 ooeiN NX =zefl YN Meelis Was mam 5s =| 8 § Wy WN mw 6 ae NH j a pees veneer ceaee! ~ ow =" 3 ; i a : Kae “..North Carolina # ..°In the Superior Court. * Iredell County # -Qectober Term 1907, % ft. Clarke, E. Clarke, Sol. L. Clarke, # and Leon Clarke, partners trading under # . ie, the firm name of # ation uot # clarke & Sons, # i Plaintiffs # vs. # Complaint, # “Southern Railway Company. The plaintiffg,complaining of the defendant,, allege:— | First:—- That the defendant is a corvoration created and existing under and by virtue of the laws of the State of Virginia, and engaged ogy the business of a common carrier of freights in the States of North Carolina, South Carolina, and in other States as well, Second:— That on or about the 4th day of January 1906, the plaintiffs, 4H. Caer & Sons, being enraged in the business of man— io ‘Sfuovheihe and selling *odacco, and shipving the same to customers an this State, South Carolina and elsewhere, sold,and delivered to the defendant at its regular freight station at Statesvilic, North Carolina,for shipment to W. D. Gamblv, at Alcolu, South Carolina, a customer of the dlaintiffs, a shinment of tobacco aonateneice the sum of $711.36, net after discount; that the defendant, the Southern "" Radiway Company received the said tobacco at Statesville, North Car— olina,: for’ seamaene op said W. D. Gamble at Alcolu, South Carolina, and issued to the plaintiffs a bill of lading for the same, executed ” by ite.agent at Statesville, North Carolina, and tharebdy undertook the shipment and delivery of said tobacco as billed and consigned, ey | Matra: — That the plaintiffs are informed and believe and so a alloge, that the defendant did not and never has delivered ths said * ghivment of tohbucro to the varty to whom it was billed and shipped, and the defendant’ thereby eomnitted & breach of its contract to ship ~ and deliver gaid tobacco as it undertook to do; that the defendant has never re surned the said shipment of tobacco to the plaintiff and ’ - Tg Ey as 6 bagel. chan Pek ‘ Me id ; ae Xd ee, 5 Ot 1% ‘ A 4 » \ A aly ” ‘ . 4 * _ ; ve b: por i. ‘ _— . e ie, é a ‘ % : : CY od 4 . o ; . ig At +4 OR ee ‘8 never inn, way “afiswarod for or made good the amount of same to' ty rake ee me in 3 i - & ire ‘ ae eae ” hme : ' atte aagin the plaintiffs, and never gave the plaintiffs any notice of its failure to deliver said shipment; and not until months after it should have deen delivered, did the plaintiffs find that it had never becn delivered. Fourth:— That the defendant, by its breaches 6f ite: seid con- ° tract of shipment and delivery of.said goods’ and its negligent dis— regard of the plaintiffs’ ~richts, has caused the plaintiffs great damage in the loss of said tobacco, to-wit: in the sum of $711,36. Wherefore, th: -lsintiffs demand judgment against the defend- ant for the sum-of $711.36, the value of said tobacco, net after exad by the. dlerk of a aiscount, and Por tho costs o this court, eee sworn says. = the foreroing commlaint is true of his own “knowledge, except: as to those ' matters and things oe Fn ‘ss llered oon 4Anformation and belief, =e as to those matters, he belisves it to be true. wey 4 Sworn to and subscribed before me this the day of Jan, 1908, _—— ee ee Clerk Superior Court. North Carolina In the Superior Court Iredell County October Term 1907 H.Clark; E. Clark; Sol.L.Clark and Leon Glark, partners, under the firm name of H.Clark and Sons vs Answer. Southern Railway Company. as The defendant answers the complaint and for answer, says; First. That it is a corporation duly and originally created, organized ai and existing, under, and by virtue of, the laws of the State of Virginia, was and is engaged, as a common carrier of freignes and passengers, for hire, in the States of North Garolina, South Carolina and other Southern States Second. That the allegations contained iin the second paragraph of the complaint are not true and 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 paragraph of the complaint are not true and are denied. And for a further defense the defendant, says. First. That the shipment was received by the defendant for, transporta tion and was by it promptly carried and delivered to the Atlantic Coast Line Railway Company, a connecting carrier, at Columbia, Ss C. on the llth day of January 1906. That said shipment, as defen dant is informed and beleives was promptly carried to its desti- nation by said Atlantic Coast Line Railway Company. Second. That as a condition precedent) to the contract of carriage, the plaintiffs stipulated and agreed with the defendant, that in case of loss or damage to the shipment, that any claim for loss or damage should be made in writing to the agent at the point of delivery promptly after the arrival of the shipment, and if delayed for more than thirty days after due time for delivery thereof, no carrier should be liable in any event, and the de- fendant avers that no claim for loss or damage was made in wri ting to any agent of the defendant at the point of delivery or at any other place within thirty days | Third. That as a condition precedent to accepting said shiment for transportation the plaintiffs stipulated and agreed that_no carrier should be liable for loss or damage not occurring on its portion of the route, and the defendant avers that it de- livered the shipment at Columbia S.C. to the connecting carrier on january llth 1906 with regqsonable promptness and is not lia - ble to the plaintiffs. And having fully answered the defendant asks that it recover its costs eppended, and go hence without day. "2 L Lat rose sel for defendant. W.P.Maher being duly sworn says that he is the agent of the defen dant at Statesville, N.C.; that the foregoing answer is true as of his own knowledge except as to matters and things stated there in on information and beleif and as to those he beleives it to be true. Sworn to and subscribed before me this the day of ;an 1908