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HomeMy WebLinkAboutRailroad Records 1910Railroad Records 1910 a Worth Garolina, Iredell County. We W, Cromer “ve | COMPLAINT. In the superior Court. Southern Railway Companys Plaintiff complainging of the defendant, allegess That the defendant, Southern Railway Company, is & tor- poratia@m duly created, organized and existing according to law, and engaged in operating a lin@é of railroad leading from Charlotte to Greensboro through the Town of Spencer, together with shops and sidings, at spencer, all in the State of North Carolina. That on gp about the 1<th day of october, 1908, plains tiff was employed by the defendant in its shops at Spencer, Worth Carolina, as a machinist helper, for a valuable con» Sidceration, and engaged in taking down an airepump off of one of its enginesjthat defendant had provided for the use of its employees an appliance called a *grane® , which was an iron tube about twelve feet long bent with both ends near together, Which said crane was fitted with a "Ghain and fall®, which was attachod to the said crane in the curve at the middle of said tube. in the course of his said employment plaintiff? was die rected by the machinist, who was his superior, and whose orderg it was plaintiff's duty to obey, to attach the top of said crane with the bell*cord of the engine to the hand rail while the said machinist. held said crane in plage, which had been placed upon a plank laid upon the runningeboard of the engine about teR fect above the grounds that when said crane had been secured by the bellecord, as aforesaid, the chain and fall were attached to the alrepump) which weighed = @ about one+thousand pounds, and plaintiff was directed to “det said air~pump down to the ground by first supporting the weipht of the pump upon the crane by meang of the chain and fall, anc then gradually slacking said chain after the pump had been detached from the engine; that while the full weisht of the pump was being supported by the crane the bottom of the crane slippe@ upon the plank laid upon the running»board of the engine, and caused the eir-pump and crane to fall, and in the fall of the crane and airepunp plaintiff had his hand jerked upon a wheel of the chain and fall, which had the rim or flange broken, in the’ broken flange, and the flesh Born and mutilated from the entire inside or palm of his hand. : That said erane was defectively and improperly con» structed , in that it was not provided with anyway to secure the bottom of the crane upon the platform upon which it was necessary for it to stand in its operation, and the end or supports upon which it stood vere smooth and blunt ends of the tube out of which it was constructed . That said chain snd fall was in a broken and defective condition, and was unfit for the purpose for which it was provided and used, That to operat® said crane in removing the air-pump the machinist negligently. placed said crane at too great an angle with the ourtafte upon which it stood, and depended upon the bell-cord and the friction of the ends of the erane to support the weight of the air-pump, and thereby caused the’ ends of the’ orane when it received ne full weight of the aixr+punp to slip upon the piank laid upon the running=board and allow the air-pump to fall, as aronenen That cada injury was caused by the negligence of the . defendant, and without fault on oe of the plaintirts < . ee a 1st. In that the erane provided for removing the alr-pump waa defective and unfit for the purpose for which it was being moos and. In Abat the chain and fnll was broken and defsotive and unsafe and unfit for the purpose for which 1t was being usedj @ Sed. In that the machinist, who was plaintiff's superior, carelessly and negligently stood said crane at too great an angle to supnort the weicht of the alrepump3 4th, In that the end of the crane was eroviaed with no means of securing it to the platform or board upon which it was intended to be operateds VIII. That on account of the neglirence of the defendant | and ite servants, as hereinhefore allered, the piaintiff was seriously and pe»manently injure@ in his hand, from which aeaid injury he has suffered, and still sufferge, great physical pain and mental agony, and has been rendered incapable of performing the ordinary lator which he was able to = before gaid injury, and rencered incapable of earning. for ‘himself and his family the ordinary necessities of lifes all to his great damage, in the sun of two= thousand dollarss | WHEREFORB, plaintiff domands judzement for the sum of two thousand dollars, and the costs of this action, to be taxed by the Clork, anc such other and further relief to which plaintiff may be entitleaé in law and in equity, Loo: Gb Garb aee ) — Flee for plainvitts me Se aT Sagi eT eR IARC tae NORTH CAROLINA, Rowan County. W. W. Cromer Southern Railway Company. To the Clerk Superior Court of Countys ‘This is to certify that I have examined the case of @. W. Cromer vs. Southern Railway Company, and believe that We RAD good and meritorious ease of action both in law and fact. This the’9th day of December, 1908. So W Gurkcdl — Atty. for plaintiff. North Carolina, <s Rowan County. .. Personally appeared. before me, the undersigned Notary Public, W. W. Cromer, who first being duly sworn says: That he is unable to give the security or make the deposit required by law to enable him to prosecute an action against the Southern Railway Company, and therefore, prays, that he be allowed to prosecute @n action in this court on account of personal injuries against the defendent, Southern Railway Company, without giving the gecurity or making the deposit. . Sworn to and subscribed before me, this the 9th day of December, 1908. _ Notary Public. fant te fon Fg - ru 797 0 North Carolina, ) In the superior Court, County. ) W. W. Cromer -Vs- ORDER. Southern Railway Company. Upon reading the foregoing certificate and affidavit, IT IS CONSIDERED AND ADJUDGED: First: That w. W. Cromer, plaintiff in the above entitled cause, be and he is hereby altowed to prosecute an action against the defendant, Southern © Railway Company , on account of personal injuries received by him while in the employ of the defendant, without giving the security or making the deposit required by law; Seconds That no officer of this Court require of him any fee dered in this action. North Carolina In the Superior Court se Iredell County vs ANS WER, Southern Railway Co. _ ee sea The defendant answering the complaint ,afid for Answer 8 27783 --First-~ That it is a corporation, originally created and existing under and by virtue of the laws of the State of Virginia, and is engaged in operating a line of Railway through the town of Spencer ,North Carolina, where it has its shops and sidingse --Second== It is true that the plaintiff was in the employment as machinist helper at the shops at Spencer, North Carolina, for a valuable consideration, and that it had for its use an appliance, suitable and safe for the ee of doing work for which it was intended. All other allegations contained in said paragraph are not true and are denied. --Third-= That the allegations contain:d in the third paragraph cP tie Compraiit 2rc ret true ana" aVPre 2chitt. —————_——erreee_eeee --Fourth-= That the allegations contained in the fourth paragraph of the Complaint are not true and are denicd. --Fifth-- That the allegations contained in the fifth paragraph “of the Complaint are not true and are denied. -~Sixth=-- That the allegations contained in the Sixth paragraph of the Complaint are not true and are denied. ~-Seventh=-=< That the allerations contained in the Seventh paragraph of the Complaint are not true and are aented. That the allegations contained in the Bighth 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 the plaintiff contributed to his own injury’ by his failure to see that the crane was properly fastened on the board where he could have seen it, as he was standing thervon:-——-—— --Second--That the plaintiff was guilty off contributory negligence in not looking to see if the crane was properly henging on the board , as he had the opportunity to do, and in not fastening the crane himself, as it was his duty to do. And having fully answered , the defendant asks that it go hence without day and recover its cost in its behelf ex- pended. is ae or ee My Sek RE ee ce ae, ot eater es ‘9 North Carolina Iredell County. W.W. Cromer vs Special Instructions asked Southern Railway Company. by Defendant. --First-- A master is not an insurer of the safety of his servants ; the law imposes only the duty of ordinary or rennonenie care, that is, that degree of care used by an ordinarily prudent man under the circumstances. Where a person in the observance or performance of a duty @e another has neither done nor omitted te do anything which an ordinarily careful and prudent person in the same relations and under the same conditions and circumstances would not have done or omitted to do, he has not failed to eal ordinary care and is therefore not guilty of negligence \"" 3 thous damage may have resulted from his action or want of ‘care. Raeford vs Railroad 130 N.C. 559. | While it is theduty of the defendant to furnish a reasonably safe place to work, and to supply its servant with ordinary im- plements and appliances ,reasonably safe and suitable fer the work, in which they are engaged, and to keep such machinery and appliances in such a condition as far as this can be done in the exercise of proper care a= diligence, Hicks vs Mfg. Go. 131 H.C. 339, yet the degree of care would not be the utmost er ee degree, but only such as a prudent and careful man woul Hutt Naess If the jury should find from the evidence, that the efendant furnished the plaintiff with appliances reasonably safe and such as were used in performance of work of the kind, in Whteh.the. plaintiff was engaged, and should find that this particular eee had been in use for the purpose for whioh i ele ®. was being used, and should find that it was a reasonably safe and suitable appliance, then the Court charges the jury that the defendant would not be liable and the jury should answer the first issue No. | --Second-= If the jury shall find from tuelaxideneelchatitne cranelwaele reliable and safe appliance, and such as was in general use, that the legs of the crane were square, and such was the kind used on engines equipped with steel running boards, as this engine was, and a plank or piece of wood was placed on the running board, and this phank, or split piece of wood caused the crane to slip, the defemdant would not be guilty of negligence, and the jury should answer the first issue No, It is contended by the defendant that the crane was a kind considered reliable and safe, or as safe an appliance as it was possible te provide, and such as was in general use. That on engines equipped with ste#l running boards, that it was custo- Ary to use a piece of plank or wood under the crane legs to pree- vyent.them from slipping and that the square ends on the crane were less liable to slip on the steel running board than the other, an@ if the jury shall find from the evidence that a square end was less liable to slip and less liable to split the piece of wood or plank of the running board, and that this square end crane was of the kind considered reliable and safe, and such as was in general use, then the Court Charges the jury that the defendant would not be guilty of negligence, and it d,) be the duty of the jury to answer the first issue No, Tren --Third-- ‘rm is also contended by the defendant, that it is not liable 4 n this case, because if the plaintiff was injured, his injury was the result of an accident. * An accident is an event from an unknown cause or an unusual and unexpected event from a known be~*— cause,}ehance gr casualty.® 2. ; ‘9 / ®. t ‘ A Master is not responsible for an injury which could not yi reasonably have been foreseen and guarded againat, nor for injuries resulting from pure accident, which accident is un- usual and not reasonably to be anticipated in the light of ex- perience, in the general uge of appliances, and there is no cule pable negligence.) : = When the question is one of negligence or no negligence, it is w4ll settled law that where the evidence is equally consistent with either view , the Court should not submit the case to the jury, for the party affirming negligence has failed to prove it, Gas. Co. vs Kaufman, 48 S.W. 439, and this being true, the Court charges the jury to answer the first issue No, \ If the jury shall find the first issue No, Bhat would end the Gase, and it would not be necessary to consider the issues further. The defendant insists that if the jury should answer the first issue against the defendant, that it should answer the sec6nd issue Yes, that is, that the plaintiff was guilty of contributory negligence. WM If. the jury shall find from the evidence that the plaintiff was on the running board, for the purpose of letting the pump down and that it was his duty te see that the lorane was in. proper condition |and property placed, and should further ue Winner Pte Cae find that plaintiff failed to have the crane properly placed so that it would not slip, then the Court charges the jury that this failure on his part, would be negligence, and if he was ine jured thereby, he would not be entitled to recover, aa it would be the duty of the jury to answer the second issue Yes, It is further contended. by the defendant that it is not - responsible @r liable to the plaintiff for any injury, and if his condition was as described by him, that the same was brought upon himself by his own acts and @onduct, for which the defendant would not be liable. | mephines If the jury shall find that the plaintiff was injured ,and +t injury would not respond to the treatment used by the physician, asa because of the fact that he had some disease, not brought on rim by the defendant- and this disease increased the injury, if any he had, and prevented a speedy me covery: the defendant would not be rianne. A North Carolina, Iredell County. In the Superior Court. W.W.Cromer Vv. The Southern Railway Company W.W.Cromer the plaintiff aboved named says that he is desireous of appealing to the Supreme Court of North Carolina from a judgment rendered against him at this term of the Superior Court,but by reason of poverty he is unable to give the security required by law for said appeal to enable him to appeal to the Supreme Court and affiant is advised by counsel learned in the law that there is error in the matter of law in the decission of the Superior Court in said action,and therefore prays an appeal to the Supreme Court without giving the securi- ty required by law. WN, LN. Elynmtt< Sworn toa nd subscribed before me this June 4th,1910.. vay ° North Carolina,Iredell County. In the Superior Court. We. W. Cromer Ve The Southern Rail Company. To CW Dewar . Clerk Superior Court, Iredell Countys This is to certify that we have examined the of W.W.Cromer against the Southern Railway Company on ap- peal to the Supreme Court and believe there is error in the deceission of the Superior Court,and that the decis- Sion of the Superior Court is contrary to law. Myo VA. Cake Attys for Plaintiff... € North Carolina Cabarus County. In the Superior Court. W.W,.Cromer Vv. The Southern Railway Company. Upon reading the foregoing affidavit and certif- icate, IT IS CONSIDERED AND ADJUDGED BY THE COURT: Thatplaintiff be and, he is hereby allowed to ap- peal to the Supreme Court from the decission of the Supe- rior Court,and that the plaintiff is not able to give pr the security required by law +p appeal. ‘ mw <= ee ee 633.0 Railroad Records 1910 SUMMONS FOR EF.—Judge.—Privted and for sale by Brady, The Printer, Statesville, N. C. 4-21-’07-1M. 5 SEARS - County.--9n the Superior Court. UO, an - AGAINST SUMMONS FOR RELIEF. aL Kawase Spent (> . State of rth Carolina, To the Sheriff of _& Cc (xs are hereby Commanded to Summon ... YZ..." the defendant....above named, if... Hb poe be found within your C eer a Court to be ne for the County pf...! Se at the pe House in KKB a) Monietke the / Monday of / 9 A the same being the...“ —.2*....... day of.,<<j.! Scrat VA 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 Nem days of said Term, and let said Defendant........ take notice if... 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. A ) Given under my hand and seal of said Court, this___/ a day of secreiqncienacesanees 190...£...... oe are reee Clerk of Superior Court . County. STATE OF NORTH CAROLINA, * In the Superior Court. pokey 47 ral <a “ AGAINST BOND. We acknowledge ourselves bound unto se caos econ wanes as aeaeasaaaesAand pavements the Defendant.............. in this action, in the sum of eee Dollars, to be void, however, if the Plaintiff........ shall pay the Defendant... -all such cost as the Defendant.............. may recover of the Plaintiff............ in this action. Witness our hands and k orale, $Rie ODT Ol rere eee een OS TOOn esp erence escapes ence nea (Seal.) go eee ene eggs nr eee pera tas ere eevee eee (Seal.) eae gee areal eae ede ese reese (Seal.) a are aera epee sve ees geeteea fe vtngetetoots eo octeee being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this................. CE) 10G.... = D> Dandies A Lak 2 — < . + is ox 2 tt = : & o- Ay B = 3 wo ( theadhons i ¢ ; — i ; Ss . wo 7 | = ISN 5 RNS &@ °c [S¢ 8 1s Je i= 2 ae | RU = - ¥, ul CARY |S | 3 | 3X o 4 7, 64 = SS | ' t r SUMMONS FOR RELIEF. —Judge.—Printed by Crowson Bros., ee Statesville, N. C. eee, __County. --In the Superior Court. AGAINST SUMMONS FOR RELIEF. State of North Garolina, To the Sheriff ——— You are Hereby Commanded to eZ inf omg and appear before the Judgg gf gur CEG. at the Court Hauge i in - onan .==_Monday ot Ze {Ge 1907, a and angwer the emnpeints a copy of dues of : said Term, ot let sdid DefeXdant..take potiae if a to angwer to the said complaint Withip that time, the plaintiff -- will apply to the Court for the relief demanded in the complaint. ao = | In the Superior Court. AULD \ cubnbacdawodcadeuicend CRs STATE OF NORTH CAROLINA, a Z O am AGAINST We acknowledge ourselves we ee rm ew we aw Pe mw ow a oe oe ew ew = ow we we we ee we ee ewww eo wwe .--Dollars, to be void, .. #7 l___.--..--_--- shall pay the Defendant_-_-__all such A. D. 19___- ee (<1 se ~-------wwi----------. (Seal.) i ' 1 ' i ‘ 1 ’ ' : 3 ' i i ' i oF y i | o7 je 1 , Rf iV \y | ! : 1 Mo ~ a i 8 Dis i! ' a | ' : S 7 5 oS ' ' 1 mt 1 ee ' 1 ' ' BAB a V/ i > 53 & 3 ~ gif a .- eg 3 ' eo ote a & : Sad § . 3 § iS 8 y 15 @® #38 5 gu4 8 S ®@ <3 $338 &ga5 o n ° & a8 x (Seal. ) is worth the sum of two hundred dollars being sworn sa, over and above his debts, liabilities and property exempt from executions. 7 Sworn to and subscribed before me this ‘d _-------day of____..-_------ ee --19__ wn ne qe rr ee eee wwe we OSH Ps jo jan0g ‘zouedng 24} JO --6] ‘uliay,~- “or e[qeuinjzoy sarTaa yuOjA SNOWANNS “~* . & « \* Se wo, North Carolina, the superior Court. ee Rowan County. Jilds Ingram vs Southern Railvay Conmnany To the Clerk of the Superior cowt of _ Corts This is to certify that I have examined the cause of ac- tion of Jilds Ingram vs Southern Railway company, and believe that he has a good and meritorious cause ofaction both in law and in fact. This SHC _ day of May, 1998. k,, Avuy. For plainti¢c?r. North Carolina, Rowan County. Personally anpeared before me, the undersigned Notary Public, Jilcas Ingram, who first being duly sworn says: That he is unable to give the security or make the deposit required by law to enable him to prosecute an action against the Southern Railway Company, and therefore prays that he be allowed to prosecute his said action without giving the secu- rity or malzing the deposit required by law. ubseribed and sworn to before me s Se: bed and 1 to before me, p . MWori— Ne & a re => ; Pe Nay ee ; In the superior Court. Iredell County. Jilcs Ingram vée Southern Railway Company. Upon reading. ~he foregoing certificate and affidavit, IT IS ADJUDGED BY TEF COURT: First:- phat Jilds [neram be, and he is hereby allowed to prosecute an action against the Southern Railway Company without giving the security or making the deposit required by law; seconds=- phat no offie cer of this Court require of him any fee in advance for ser- vices rendered in this action. This / day of ou 519 Glerk gupsrior Court. | | PBT WNITONVS: MiNONW ‘AUNERITVS MVI LY MOTTZSNNOS ONY ABNUOLIY GNVIHVS “M 30U0ID NORTH CAROLINA # SUPERIOR COURT. é IREDELL COUNTY | # JANUARY TERM, 1909. Giles Ingram oven | | | ANSWER. Southern Railway Company. | - fm fhe defendant answers the Complaint and for answer -First= | That itis a copporation duly and originally created, organized and existing under and by virtue of the laws of the State of Virginia, is engaged in the opera= tion of its trains- owns and operates side tracks upon its yards at Spencer, North Carolin&ae — | -Second- — That the allegations contained in the second para= ™ -— - graph of the Complaint are not true and are deniede «Third= That theallegations contained in the third para= graph of the Complaint are not true and are deniede -Fourth- — That the allegations contained in the fourth para- graph of the Complaint are not true and -are deniede -Pifth- | That the allegations contained in the fifth para=- a ppeph-of-the-Complsint-ane—not-true-end—sre—denieds signe ~ pine << CON PI I, tm And for a further answer and defense, the defendant says? First- That the son of the plaintiff, who, is alleged to have been injured, brought upon himself whatever injury he received, by his own carelessness and negligence, in Q placing himself where it was not his duty to be, and where he saw, or could have seen, that he was liable to be ine jurede Second=- That the son of the plaintiff, alleged to have been injured, was guilty of contributory negligence in beigg where his duties did not require him to be, and in not tak~ ing proper care and caution, as he should have done, in not seeing, as he could have done by the exercise of care and diligence, and as he should haye done, that he was liable to be injured. And for a further defense to plaintiff's cause of action, the defendant says? First-- That the plaintiff brought suit against the defend+ eer nnetnestitnianat aan ss ant in the Superior Court of Davidson County, for the same cause of action, es is set forth in this suit, which suit was settled by judgment in said Court, duly rendered, and this defendant, paid on May 30th, 1908, in full dise charge thereof, the sum of $588.65, and holds the receipt of the Clerk of the Superior Court of Davidson County, and as the defendant is informed and believes, said sum was paid to the plaintiff in this action or his counsel, and the defendent pleads payment and satisfaction in bar of plaintiff's right to recover in this casee And for such other and further relief as may be dust and righte — a en Attorney for defendante Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. c. 5-15-’07-2M STATE OF NORTH CAROLINA, Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. WITNESS , Clerk of our said Court, at office ~ Plaintiff. _ ali a ee ene Defendant % SURPOENA--Cin Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF OFX Cousyty--GREETING: YOU ARE HEREBY COMMANDED TO ton And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Coutt, at office Monday after the. Monday 1? v Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, TORnEISHERIFEIOR 12-2 Hee Counry-;GREETING: Wou are Hereby Commanded to summon Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, ined é J To THE SHERIFF OF Tien CountTy-- Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF. , Clerk of our said Court, at office in Monday in Defendant Doe eee a <a tee gh on Wenge cc nnnncccnccesececcencncetesssecssnesonees =e Py ES SUPOENA.-Cii > | OO aroek. pr- a /sa7 ! Pervert ‘ Bie 4 ‘ Le a flee bid” Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. §-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF OF Ge eee County--GREETING: 1 od So" next, then and there to testify and the truth to say in behalf of ws in a certain ‘ee said Coyrt depending, and then and there to be tried, wherein Plaintiff Defendant.......... . And this you shall in no wisg omit, under the penalty prescribed by law. WITNESS, | Form 1 ' "THE WESTERN UNION TELEGRAPH COMPANY, CORPORATEO C/ 24,000 OFFICES IN AMERICA. “CABLE SERVICE TO ALL THE WORLD. ~ as oO This Company Rte Gaaeted ugaiot nts te eoeoien Gamies mc we cogs yds Sy psoas which have been assented to by the sender of the followin, mestage Errors can be sending station for com n. and the Com n eho id itoelf alle fom errors or. delays ieee aCe back to the will ie wanwationion c Af g AA sahnghin, uayerl tha aunaume of tolla Read thareces. nor ay sone ta the clatia isn not presented in writing within sixty days the message is fed wi the for transmission. wien RAPED MESEAGH and dive Wy requ of tho soder, under he Add TPC po RECEIVED of Lie Len See x ie fr 0 mt od HT F tr O u a. Q 0) fe w r J. a MH a) Y) ae = The Western Union Telegraph Company * THE LARGEST TELEGRAPHIC SYSTEM IN THE WORLD. OVER ONE MILLION MILES OF WIRE IN THE UNITED STATES ’ AND CANADA. — It has over 24,000 Telegraph Offices, including Branch Offices. It has also Direct Connection by Telegraph or Telephone with as many more remote and smaller stations, making a total list of over 50,000 in the United States, Canada and Mexico, and this num- ber is rapidly increasing. Seven Atlantic Cables, Connecting North America with all points fo Europe and beyond, including Two . Cables of the American Telegraph and Cable Company, Four Cables ofthe Anglo- American Telegraph Company, and One Cable of the Direct United States Cable Co. Direct Wires to Galveston, Texas, con- necting at that place with the Cables of the Mexican, the Central and South| American Telegraph Companies for all points tn Mextco and Central and South America, Direct Wires and Cables to Havana, Cuba, connecting at that place with the Cuba Submarine and West India and Pan- ama Telegraph Companies for all potots to the West Indies, Connects at San Franctsco with Pacific | Cables to the Sandwich Islands, Honolulu, | Guam, the Philippines, China, Japan, etc., | and at Victoria, B.C., to Australia and New Zealand. Connects at Seattle, Wash., - LD Ws with U.S. Government Lines and Cables to and in Alaska, | wus 66. Exclusive connection with the Great 24,634 - ‘North-Western Telegraph Co. of Canada. °""'°** | Domestic and Foreign Money Orders by Telegraph and Cable THE TWO TELEGRAPH POLES REPRESENT THE RELATIVE SIZE IN NUMBER OF OFFICES OF THE WESTERN UNION AS COMPARED WITH ALL OTHER COMPETING COMPANIES COMBINED OTHER COS,” 4,868 OFFices. 0 m m O : I mn 0 Y U m T O 0 4 mn r mM Q 0 x 5 ——— wh a BDWeuckeceAe 7 ee a Be it remembered that at a Superior Court began and held for the County of Iredell on the lst day of Novemher, 1909, when and where His Honor, Judge B, ¥. Long, is present and presiding, the following proceedings were had, to-wit: North Carolina, In the guperior Court, Ire@ell County. Jilds Ingram | -vVa- COMPLAINT. Southern Rallvay Company. Plaintiff complaining of the defendant, alleges anc says t That the cefendant, Southern Railvay Company, is a cor- poration duly created, organised and existing according to law, anc at the time of the grievance hereinafter complained of was operating a line of railroad omed by the North Carolina Railroad Company and leased to the defendant Sou- thern Railway Company, leading from charlotte through the Town of Spencer to Greensboro, all in the state of yorth Carolina, together with yards, sidings and sidetracks for the purpose of shifting carg and making up traing on said yards at Spencer, North Carolina, with all the duties, powers , privileges and liabilities of a railroad corporation. | That on or about the night of the 25th day of November, 1906 , the plaintiff's minor gon, Grady Ingram, was employed by the defendant Southern Railvay Company, for a yaluable consideration, and then engaged in the performance of his duties shifting cars upon the yards at spencer, and ma):ing up @ train upon a siding situate in gpencer, North Carolina, to be transported over thé aforesaid Worth carolina Railroad ; that while plaintitf's minor son was so engaged in the night time defendant negligently placed a string of cars upon another siding at a point too near what is known as the "Lead" to permit other trains to be operated over said lead and placed on other tracks, and while plaintiff's minor 60n was so engaged in the performance of his duty asa brakeman, and riding upon a car as it was necessary for him (4. to do in the performance of his duty, said car was switched along over the aforesaid lead and along by the said car that had been negligently placed upon a track too near said lead, as aforesaid, when plaintiff's minor son was caught between the car upon which he was ricing in the performance of his duty’ and the @aid car that had been neplirently placed on said track, as aforesaid, and was thereby mashed, pruiged, crushed ae mutilated in such manner as to wholly incapacie tate him for the performance of any duties for two years and more, as well ag to permanently injury and digable plaintirf's said minor sone That defendant was attempting ,t without sufficient number of employees to properly ana safely operate said train, and thereby imposed upon plaintiff's minor son the duty of changing switches, giv'ng signals and riding cars, in the night time, and thereby increased the hazards whitch ordinarily attended plaintiff's minor son in the performance of hig cuties as an employee of the defendant, as aforesaid, and plaintiff's minor son while so engaged in the performance of these cuties was caught between the said cars, as aforesaid, when he co@ld not peSform all the duties imposed upon him by the Gefemidant and at the sane time exercise that degree of care and prudence. that he would and could have exerciged had he been in the ordinary performance of his duties with sufficient number of emnloyees to safely operate said train. That by reason of the negligence of the defendant in Placing said car and requiring of its employee, the plain- tirf's minor son, the performance of so many duties at the same time, plaintiff's minor son was permanently injured 44 of onaaa in his head, his left arm brokmn in two places, and injured in his breast and back, and otherwise mutilated and totally nin incapacitated for more than two years, as aforesaid, to earn a living or to engage in any occupation wheveby he could provide the ordinary necessities of Ligfe as he wags amply able to do before his said injury,¢it became necessary for plaintiff to provide for his said minor gon medicines, nursing and attention together with food, clothing and other necessaries of life, and plaintiff was thereby deprived of the wages that his son had before been able to earn. That said injury was caused without fault on the part of plaintiff's minor son, and by the negligence of the defendants ist. In that defendant nepligently placed a string of cars upon a sidetrack one of which was too near the lead over Which employees had to pass in the performance of their duties, and thereby endangered the lives and limbs of its servants; and. In that defendant cerelessly and negligently undertook to operate said train without a sufficient number of employees as aforesaid; Srd.e In that defendant required of the plaintiffts minor son the performance of duties for which three men were ordinarily provided; 4th. In that defendant carelessly and negligently failed to furnish plaintiff's minor son a safe place in which to per- form his duties; Sth. dn that the servant and overseer of defendant care= lessly and negligently failed to see that the lead was kept clear of all obstructions, as it was his duty to do 6th. That it was made the duty of the defendant to exercise toward the plaintiff's minor son upon said occasion ordinary care, which it failed to dos and thereby endamaged plaintirr in the loss of the services of his said minor son, and by -3- way of imposing upon him the necessity and obligation of providing for the wants and necessities of his said minor son , in the sun of two-thousand dollars, WHEREFORE, plaintiff cemands judgement against the defendant for the sum of two-thousand dollars, and the costs of this action to be taxed by the Clerk, and such other and furtner relief to which plaintiff may be entitled. Attys. for plaintiff. Ln W Aor Giles Ingram, Plaintiff, ) vs ) Southern Railway Co., Deft.) THE CHARGE OF THE COURT. Gentlemen of the jury, from the admissions made by counsel dur- ing the progress of the trial, the Court relieves you of the necessity of answering the first and second issues, both being andwered by consent. Tt was also admitted by the plaintiff's counsel that the son of the plaintiff brought suit, after his injuries, in Davidson County's Su- perior Court, with his father acting as his next friend in the said action against the Southern Railway Company, to recover damages for per-, sonal injuries received by the son at the time.and under the circum stances alleged in this action, and that the plaintiff in the said suit obtained a judgment therein for $500.00, and that the said $500.00 was paid into Court by the. Southern Railway Company, and was afterwards paid out to the attorney of record of the plaintiff in that suit. With regard to these admissions respectively gentlemen, and any © questions of law arising therefrom, you will not trouble yourselves as it will be the duty of the Court: to declare the law with regard to these matters, and this can be done at some other stage of the trial, The question which the Court submits to you for answer, and the only question, is the third issue, namely: "What damages, if any, is the plaintiff entitled to recover,” and the burden of this issue is upon the plaintirf to make out-his contentions with regard to it by the greater wieght of the evidence or by the proponderance of the proof, and it is your duty to look to the evidence and all the evidence ani and examine it carefully in connection with the contentions of the Coun- sel on both sides and answer this issue as you may fina the facts to te. The rule of law which will govern you in your investigation upon this issue is this: In attempting to ascertain the amount of damages, if there are any damages you ascertain that the plaintirr is entitled to recover, you will be limited to indemnity for loss of time or loss from inability to perform ordinary labor or capasity to earn money , svesiuakeis and actually resulting from the injuries alleged to have been received by the son on account of the negligent acts of the defendant. The plaintirr insists that his son lost time from his ordinary labor and that he mag ona ee, caused to be unable to perform ordinary labor on account of the injuries he received at the hands of the defendant, and that there was a loss of capacity on his part,directly resulting from these injuries, to earn money. He insists that he was injured on the 25th day of November, 1906, and that his next birthday following that was the 12th day of December, 1906, and therefore, for the perio® of two years and seventeen days that he, the father, lost the wages of his son on account of his disability or his inability to perform ordinary labor. You will note that the Court is directing your attention to what extent has it been shown by the father, the plaintiff, that he was deprived of the services of the son on the account of the injury he received, The defendant's counsel in- sists that upon the evidence of Dr. Whitehead that you ougnt to find that he was not rendered unable to perform labor for so long a period of time as is claimed by the plaintirf. You will examine Dr. Whitehead’ s testimony, which was read to you by consent of parties, the witness being absent, and consider it in connection with all the other testimony of the case in determining for what period of time, if any, the son was disabled and was not able to perform ordinary lapor. The burden is on the plaintiff in this case, ar will note, to show that he was an infant, or in other words that he was under twenty- one years of age on the 25th of November, 1906, that he was under age for the period of time, or for soms period of time after he received the injury. The plaintirf must satisfy you, as I said, of this allegation, that is, prove by the greater weight of the evidence as to the length of time that elapsed after the alleged injury until the period of time when he arrived at the age of twenty-one; for you couhd not make any allowance in answering this issue for any loss of service to the father after the boy arrived at twenty-one years of age. The plaintirf insists that ac- cording to his testimony, to the testimony of the son and the testimony of the family bible corroborated by the testimony of the mother, that the boy was under twenty-one years of age when he received the injury, and that two years and seventeen days passed away before he arriged at twenty-one, and that during that period of time he was physically unable to perform the ordimary labor that he had been able to perform before he was injured, The defendant's counsel insists that you had an opper- tunity to see the son himself on the witness stani and to form some judgment as to his maturity in years, gnd also that you have heard the testimony of Dr, Whitehead, which stands to show that he made recovery from his alleged Calatins at the period of time referred to by the doce tor in his statement. It is also insisted by the defendant's counsel ‘ that there is evidence here tending to show that the father received : some portion of the recovery made in Davidson Superior Court, for and | bs sqcount of the loss of the services of his son, If you fint that the! J ~~" father did receive any portion @f the recovery made for and on account | of the loss of his services resulting from these injuries, to such ex- tent your answer to this third issue should be diminished by so much as you shall find that sum to be, These are substantially the mterial points which ogour to the Court bearing upon this investigation which you are now making. In ans- wering this third issue, I again direct you to the contentions of counsel in regard to the fact amd remind you that the burden is upon the plaintiff to satisfy you as to his Gaatenttee by the greater weight of the evidenc e, | ; : Retire _gentienen and ammmer the third the third issue. & pen — : és aetlicihineresthti iOS Reiser suit SS NEE este one iy Ss og aa ao gs eS Rien wana ge eg i oe tere ee ee asec ts tiene iN i ae IE TG IETS a x 4 - North Carolina In the Superior Court Iredell County October Term, 1909. Jiles Ingram, vs JUDGEMENT . Southern Railway Company. This cause coming on to be heard at this term of the Court before His Honor B.F. Long, Judge, and a Jury upon the whole Record in the case, and the jury having found that the defendant was not liable in any sum whatsoever to the plaintiff, and assessed | no damages against the defendant; . It is,therefore ,considered and adjudged that the piaintiff recover nothing by his said writ, and that the defendant go hence without day. YI king Presidingd Worth Carolina, Ireéell County. Ia Superior Court. Jilds Ingram Oct.Term, 1909. Southera Railway Company. Personally appeared before me the undersigned Notary Public Jilds Ingram who first being duly sworn says; that in the above entitled action pending in t the Superior Court of Iredell County judgment was ren- dered for the above named defendant end against the plaintiff, affiant,and that affiant is desirous that seid matter be carried to the Supreme Court om appeal from said judgment,and further says that he is tnable by reason of powerty to make the deposit or give the security required by law for said appeal,and that he is advised by counsel learned in the law that there is error in mater of law in the decission of the superior court in said action; wherefore affiant prays that he be allowed by the Court to appeal to the supreme court without making,the deposit or giving the security re- quired by law to appeal in said action. Sworn to “hg before thie ° * Com. Exp. é — SG // North colina, Irededl Oounty. Jilds Bales oatuerk Railway Company. To the his Honor B.F.Long,Judges This is to certify that we have examined the case of Jilds Ingrem ve Southern Railway Company in which judg- ment has been rendered in fawor of the defendant and against the plaintiff in the above entitled action and we are of the opinion that there ie error,and that the decission of the ¢¢flff superior court in eétion ig contrary to law. Sa raf This Nov. 10th,1909, a e. $4 AZ, UY C @e wn “AAI i North Carolina, Iredell County. In Superior Court. Jilds Ingram vs Southern Railway Company. Upon reading the foregoing affidavit of the plaintiff Jilds Imgram , in the above entitled cause and the certificate of counsel it 4s considered and adjudged by the Court,that plaintiff Jilds Ingram be and he is hereby authorized to appeal to the the su- preme Court from the decission in said. action without giving the security required by lew. this /J3 ‘' day of Nov.1909. | [{epe1tl ,antlicows? 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BLO | ccessctecses||esee-e-*l | areccssseres|seeeeceve County Lax; WHEN Jury IMB DANGLE co-ccccsccccceeccececcceseceres]scceacce cscs BiOO ll eccercceece |csccessesl| ccossccccess| sere cees Referee’s Sheriff Defendant’s Witn “cc ‘se se “ “cc “ee _ ““TAD-SIS0) 40 Tha ‘I9N900 TUAIQ 22 on ‘ ‘- North Carolina, In the Superior Court. Iredell County. November Term, 1909. Giles Ingram, Plaintiff, Tried before Long, Judge, “ Novembor 9, 1909.. Southern Railway Co. In the above case, the defendant offers the evidence of Dr. John Whitehead, as follows: Defendant's counsel stetes that he cxpects to prove by the absent witness that in the action now pending by Giles Ingram seelcing to recover for the loss of services of his gon, (who has already been paid $500.00 for the damage inflicted upon him), that he attended the son of the present’ plaintiff in his capacity as a physician, and that all bills ineurred for attention were not paid by the plaintiff, as alleged in pis complaint, put were paid by. the defendant, the Southern RBLiay Company; that he treated the son of the plaintiff, and thet<quité soon after the alleged injury,’ and very soon after the former recovery, he was in sound health of poay and mind, so far as he was able to judge, and that he has seen him since, and that he is in Nadi good health. | It appears to the Court that Dr. John Whitehead, of Salisbury, N. C., is wnder subpeona as a witness for the defendant, and that by telegram he informs the Court this morning that he missed the train owing to the extreme illness of a child, The plaintiff's counsel admit that the witness would, 4f present, swear to the state of facts, set forth by de- fendant's counsel. GRADY INGRAM: Direct-examination: Wr. Garland: Your name is Grady ingram? A Yes sir. What kin are you to Giles Ingram? A His son. Were you éver em rove? by the Southern Railway Co? Yes sir. When? A 1906, About the 25 of November, 1906, were you employed by the Southern Railroad? A Yes sir. Q In what capacity? A Switching box cars, Q What is known as a switcher? & Yes gir. Q Well, were you injured whiie criployed by the Southern Rail= way? A Yes sir. Q Where? A Spencer Yards, November 25, 1906. Q In the @ay time or night tine? A Wight. The defendant objects to this evidence contending that upon its plea in bar it will be shown that there has been suit by plaintiff against the defendant, judgment and satis- faction. As this evidence is not now before the Court the objection is over-ruled for the present, the Court reserving its ruling on this plea until the defendant's evidence has been offered in support thereof. EXCEPTION. ‘Q What were you doing there on the night you were injured? A Switching cars. Q Tell his Honor and the jury just how you ware doing this and what operation ~ The defendant admits that because of its conduct at Spencer on the 25th day of November, 1906, Grady anexe® son of the plaintiff in this action, Wes injured. Q What injury did you suffer there that night, tell and show . the jury just as well as you can? A MI had my head tore ail to pieces back in there, and up here in front, and this arm broke twice, and these ribs all mashed up and this arm is— erooked yet. This is as high as I can get it. This shoulder here pains me all the time, and I cannot do any work to do any g00d with it. I have not done over 3 months work since . I have been hurt, @ As l upderstand you the whole scalp of your head was torn ° es sir, all up yere and where i see it, ¥! an five: Q How much of that scalp was loose? A All hanging open; the whole top was off. Q At what points was your afm broken? A Broken in the muscle and joint. -Q In the joint and elbow? A Yes sir, Q What injury, if any between the elbow joint and shoulder? A Sack here and between the elbow joint and shoulder, Q What injury to the bone? A I cant straighten it. I cant 1ift anything heavy with it - over 75 powds, Q What injury to the bone between the shoulder and elbow joint? A Injured this shoulder here, ani I cannot get it up - broke. Q What injury was there to your back you say? A My back is no account. Washed all up in it and no account since, 'Q How narrow a space were you mashed in? A A small space - something like this. ' Q About how many inches? A Wide? Q Yes? A I dont kmow how many inches wide it was. I could not tell. Q How many ribs did you havo broken, if any? a I dont kmow how many there was broken; all crushed up there and mashed all up. . Q How long were you in the hospital? A From the 85th of November nisht until the 26th of December. , Q ue what condition were you when you came out of the hospital? A bed. . Q For how long? 4 About 27 days. Q Well then from that time on for some time afterwards what condition were you in? A Confined in bed for a long time. In bed for 27 days on a stretch and never got up nor moved unless somebody moved me, Q We are speaking of when you went from the hospital? A In bed for a long time, but I dont kmow how long. Q@ When was the first work you tried to do after you were in=- jured? A The first work - public work - setting brick at Mr. Isenhour’s brick yard, Q Hoy long after you were injured? A Something over 2 years. Q About 2 years and 3 months after you were hurt? A Yes sir, What wages were you waking at the tine you were injured? $1.65 a day. Did you work Sundays? A Yes sir, 2 How long had you been receiving that mech? A Oh for a long time / Q How many years? A Well, I had not been switching cars all the time, but I had been working off and on for the Com- pany about 5 years. Q What did you do with your wages? A I gave them to my father and mother. Q What was your age at the time you were hurt? A I was not quite 19. 19 while I was in the hospital. Court: Whet was the cate of your birth? A The 25th of December, Q What year? A 1887 - the 12th of December. Nr. Gerland: Well, up to the tine you were 21 years old, who w provided for your support? a iy father. @ You can state whether or not you required any nursing and attention after you went from the hospital home by your ° father and mother? A Yes sir, I did. Q For how long a time? A About 2 years, I was not nursed all of that time. When I was down and confined and could not get up and do anything for myself they waited on me all the time for 15 or 13 motrhs. Times when I could not pull off my shirt at all. . . Q You can state whether or not they went to any expense for medicines after you left the hospital? a Yes sir, bought | me some medicines several different <imes. Q Do you mow enything about how much the cost of that med- icine wast A Wo sir, I dont kmow. I never asked then, Q You oan state whether or not you had made regular times | for the several years previous to the time you were hurt while in the employ of the railroad? A Yes sir, I did, Q What was the condition of your health before? A I was in g00d health. Just as sound as I could be, Hever had a. ae aed Or cOmplaining day in my life that I knowed anything apout. . : Cross-examination: Mr. Caldwell: Q You were a witness over at Davidson County Court? A Yes sir I had a snit over there. Q@ And you were a witness OVer there? A Yes sir, Q And $500.00 was paid? A Yes sir. Q You or somebody got that $500.00? A ‘es sir, me or some body. Q When 41a you commence work for the Company? A When I was quite a little lad. I was about 14 years old when I commenc- ed. work for the Company. Q Who has figured that out for you? A No one. Figured it out myself. Q How did they get your age as 22 years old? Didnt you give them your age when vou went to work? A Whon I first went %o work for the Company - no. Q Did you ever give in your age? T never signed up but once in my life, Q That signing up was before you were hurt? A Yes sir. Q I ask you if you did not sive your are Zeer A P, M. Byrd set dowm and made it out and turnei it in himself, and I have never seen it vet. He said he would sign it up and put it in. Q When was that? A When I went to work on the yard. ‘Q When was that? A August, 1906. Q You are sure of that? A Yes sir. Q Dont you know that 2. k. Byrd - that is the man you are talking about? A Yes sir. | Q The man that has a suit in Cabarrus County against the Com- pany now - Didnt he quit the Company in 19057 A No sir, general yard master there in 1906. . Q Will you swear that? A He was general yard master there in 1906. | Q Who was working with him? A He was general yard master when Mr, Shoemake come there and got it, and he was assistant then. Q Who gave your are to him? A He just made it out himself. Q@ You didnt tell him how old you were? A No sir, they just put it in and didnt ask me anything. Q Where have you been? A Been at home until this lest August. ° . Q And then you went to West Virginia? A Yes sir, I went there this last August gone. Q When did you go there? A “he 22nd day of this last August. Q Working in the mines? A Yes sir, a trapper over there, Q Waking $4.00 a day? A Wo sir, they dont pay a trapper that. Q Didnt you tell a man in Salisbury that? A No-sir. Q. Have any talk with anybody in Salisbury about that? sir. Q@ You did not? A Wo sir. Where did your father live? A Spencer. You stayed right with him? aA Yes sir. You cOllected your wages? A Yes sir. Got your check? A Yes sir, Signed it up? A Yes sir. And got it cashed? A Yes sir. and then you would go home and sive it-all to him? A Yes sir except what 1 would use for my ovm support. Q Then your daddy did not support you? A Yes sir, except such as shoes. Q Whet do you mean by support? A Shoes and « suit of clothes. Q How much money did you give your daddy? A I have given him as high as 940.00 o month. . Q How often have you done that? A I could not count the time but I have done it. 7 And kept some for yourself? A I have kept as high as $10.00 or $12.00 for myself. Q When did you go back to work? Ever make application to gO baci: to your work? A Yor the Southern since I here been hurt? Q Yes? A No, I have not, Q Didnt make application - why? A I have not been able to work for them any more. Q@ You got in the hanis of a lawyer over in Davidson County away back yonder just after you were hurt? A Sure, I have been in the hands of a lawyer, but I am not able to work if I had not been in the hands of a lawyer, I could not brake now- it would kill me, . Q When did you first commence your suit against the Company? | mie 1907 I think. You were hurt when? A December 25th, 1906. And you were hurt bad? A Yes sir, Q WNow,-I will ask you were you not present Swearing on the 4th day of March, 1907, before the Clerk of the Court over at your town, and starting your suit right then - hurt the 26th day of November, and didnt you commence your suit against the Southorn Railway Co. on the 4th day of Maren, 1907? A I think it was in 1907, Q And dont you'know it was right at the beginning of the year? The year had not gsrovm so old. Q It was quite young and tonder? 4 I dont kmow how tenier it was, Q The scent of the holidays had not passed off of you when you commenced this suit? Christmas and New Years had not been g0ne long when you commenced this guit? A Sure, beon gone a long while, : Q Until the 4th: of wWarch when you brought your suit? Yell, you always went to Davidson Court? A Yes sir, Q And they brought you her2 from Virginia this time to come here ond testify? A I come home my own self, Q Who told you to come home? Who wrote to you? A My father. Q Anybody else? A. No sir. Q Your father can write? aA Wo sir, he cant write, but he can have it done, Q You dont kmow who wrote? A Wo sir, Q Told you to come home for this law suit? A 4e toa me to come home. He wanted me to be © witness in the case, Q Your father consente’ to your working over there at the railroad? A Wo Sir, he never did fo over there and consent to me to work there, Q I mean he consented? He wag willing, in other words? He allowed you to work over there at Spenger? A [I never heard him say anything azainet it. He didnt like for me to switch cars, ; Q Did he ever go over there and give them notice not to allow i you to switch cars? 4 Not that I know of, Q He took that money every month when it came from the South- ern Railway Co., when you gave it to him? A Yes sir, GILES INGRAN: - Direct-examination: Mr. Garland: Q Your name is Giles Ingran? ‘A Yes sir... Q You are the plajntiff in this case? A Yes sir. -Q What relation are you to Grady Ingram, the witness who was just on the stand? A I am his father. . Q You can state whether or not he was working for the South- ern Railway Co. in November, 1906? A He was. Q Whet was his age et thet time - November 25, 1906? A He was somewhere near 19 = 18 or 19 but I dont know positively. Q Do you kmow whether or not he had a birthday while he was 4n the hospital? A Yes sir, before he come out of the hos- pital. . ‘ Q How old wes ne on that dirth-day? A I dont know exactly. Q You have his age dom in the bible?’ A Yes sir.. Q What was he meking at that time? A Making about $65.00. Q What did he do with that money? A He brought some to me: and his mother and used some of it. . Q $65.00 for how long a time? A He got pay every month. Q $65.00 a month? A Yes sir, right in there somewhere. Q Do you know what that book is? A Yes sir, that is the Bible. Q You can state whether or not this is your Family Bible? A It certsinly is. Q You can state whether or not the age of this boy, your son, Grady, was recorded in this Bible? A It certainly was. Mr, Caldwell: Did you see it done? “Mr. Garland: ‘yho made the entry in there? A Miss Annie Neely when we lived at Pleasant Garden. Below Greensboro? A Yes sir, How long after he was born before this entry was nade? Before his mother could set up. She was in bed, Did you see her make the entry? A I did. Q Where has this Bible been since this entry was made and gince you lived at Pleasant Garden? A Been at home @ been right with us all the time -8= Q You can state whether or not the ages of your other chil- dren are in this book? Objection. A Yes sir, they are all in that book, Q You can state whether or not this is e record of the births and deaths in your family? A It ig, Q And in whose possession it has been for the last 20 years? A Right in our possession at home. Q At whose request was this entry made? A By my wife. ‘Ve were living there, and she came over there, and she asked her to put it down. Q Who received Grady's wares while he was working for the Southern R. Kk? A Me and his mother, Cross-examination: Nir, Caldwell: You kmew he wes working over there? <A Yes sir, And you took some of the procecds of it? a Yes sir. Q Q You allowed him to do this work? <A Yes sir. Q Q A lawsuit in Davidson County about it? Did you bring 9 lawsuit over there? A He brought a suit. Q dn your name? A I reckon he did. @ Dont you know it? Ob jection. Grady brought « suit over there, The result of that suit was in your favor over there? Well, not so much, There was a judgment for $500.00 in your favor? A I dia not set if. . . Q Who did get it? A He got part of it and gave me some of it. Q There was 3500.00 paid by the Southern Railway Co. in the settlement of that suit? «a His was - Q ane suit that was over in Davidson? A ‘That was Grady's suit. . & Were you not a varty to it? A I was just a witness, Q Were you not a party to it? A No sir, ~ Qe ‘ Q Was not the suit brought in your name as the next friend of Grady? A ot as I know of. Q You swear it was not? A I would not positively swear but I dont think it was. Q Can you write? A Wo sir, I cant write. Q But you did get the money? A Fart of it, Q How wuch? A We did not get very much. I got $15.00 Or $20.00. Q Out of the 4600.00? The money was checked out of lr, Goodwin's office - the Clerk of the Court? A TI dont Imoy. Q You say you got part of it? A I got some of it. Q It got out of there some way? A I reckon it did. Q@ You dont imov when yow boy was born? A That Bible tells me. Q I asked you if you-kmow jrst when he was born? # I would not say exactly the dato. Q Do you mow? A Yes sir. Q Give us the tate? A T could not sive the exact date, but I was right inere when he was born, His mother was in bed when that age wes put down. Q Where has he been for the last six months? A Here except. for the last three months. Q Where was he before that? A At home, Q Whore was he before that? «A He has been around home since he was hurt wntil he went out to Virginia. Q When did he go to Virginia? A He has not been gone very long. . Q How long? A Some three or four months. Q He was out there working in the coal mines? A I dont know what he was doing, Q How soon after he was injured did he go? A He had not been gone more than 3 or 4 months, Q Did he 40 any work after he was hurt before he went out there? A No sir, not wntil he went out there, Q Where had he been? -A Around there in the neighborhood, Q Nursing this lawsuit for your A Wo sir, =] O= | This is your lawsuit? A Yes sir. And you daddy this law suit? A I dont kaw about that. You bring this suit? .A Yes sir. Your and yeur son brought a suit over in Davidson County, and the money was paid in, and you and your son and your lawyers ot the money? -You got some of it? A I dont say he got it. 4id not get so much of it. MAGGIE INGRAM: Direct-examination: Mr, Garland: Q You are the mother of Grady Ingram? A Yes sir. Q What is his age?) A He was born-December 12, if I make no mistakem 1901, I think. Not it aint. That is a mistake. I know he was born on the 12th of December, but I cant remenm- ber the balance of it. Q Do you know what year? How old was he when he was in the hospital in Salisbury? A When he got hurt - he got hurt in the 19th year - just before he was 19. His birthday come while he was in the hospital. He got hurt in November, Q He got hurt in November before his 19th birthday? A Yes sir. Q What did he do with the wages he got from the Southern Railway Co? A He give us some of it and some he used himself. Q What is this book? A Thet is my family Bible, that I keep the names in. As fast as one is born I have the names set down in that Bible. Q Who made the entries of the births of your first children? A Mises gllie Neely put down Grady's age there and Bertha's and Sammy's. : Q At whose request did Mrs. Neely put that down? A Mine. Q Where were you living then? A I was living at her hus- band's father's. Q What town? A Pleasant Garden. Q Guilford County? A Yes sir. Q You can state whether or not this is a record of the births and deaths of the different members of your family? A Yes sir, that is what it is. Court:- Is Mrs. Neely liv - the lady who made these en- tries? A She was the last t I heard from that country, She lived 8 miles from Greensboro. Grady is just a year older than her oldest child to a day. ale Q Can you read or write? A Jo sir. Q After Grady was brought home from the hospital in what condition was he? A Ina bad condition. He was not really ‘ hardly able to leave the hospital. I kept want: him to come home so bad he come. I-went up there once after in the wagon and they would not let me have him. Q How long was he confined to his bed and home after he came home from the hospital? A I could not tell exastly but he was confined for a good while. Ob jection. Q If he was - <A He was no account to do enstiine: Not able to set up'all day for a part of the time. Q For how long? A I could not tell you exactly how long. Up and down for a good while afterwards. One evening he walk- ed in there and his brother thought he was gbout gone. Liked to scared us all to death. Could not get his breath. He would catch his breath. I had some liniment there I gave him .@ teaspoonful of and rubbed him and after so long a time he ' began to struggle. Q How Long after he was hurt before he could do ordinary work? - A Wot any hardly since he was hurt. The first work he tried to do was this Spring, He tried to set brick at Mr. Isenhour's, After the first of August he took a notion and went out to Virginia, and I did not want him to go then - Objection. Q Well, in reo. him since he came from the hospital, up to the time that he was 21 years old, was he able at any time to do any work? Objection by defendant. Over-ruled. EXCEPTION. A No sir, he was not to amount to anything anyhow. I was after him very often to do something, and he said "Mother I am not able”, Q What was the condition of his health before he was injured in November, 19067 A Before he got hurt he never got sick none - always was -stout. Q State whether or not he made full and regular time while employed by the Southern R.R? A Yes sir, he made full time when he was at work for them. Q About how long had he been at work for them previous to the time of his ury? A I dont know as I could tell you. OT eg paid no attention. I know he worked out there a good Ce Q What do you mean by a come while? A He was ont there at work several months. Q In what employment had he worked for the Southern R. R. at different times? A First he run as hostler helper. Q How long did he work there? A I dont kmow exactly. Q Then he went from that to. switching cars? A Yes sir. | Cross-examination: Mr, Caldwell: Q You say you tried to get him out of the hospital before they would let him out? A I wanted him home. Q And you did take him home before they were willing for him to go? A I just wanted him home, but I was glad he did stay there he was so nigh dead. Q You did’ go there and try to take him away before the doc- - tors wanted him to go, and you did actually take him away? You did take him away from the hospital before the doctors really wanted him to go? A No lI didnt. When I went up there to carry him his Christmas dinner, i said “where is Grady", and the lady said "he has just gone out to go home", Q That was his Christmas dinner? A Yes sir, Q And that was just a month to the day after he was hurt and he was up and gone home? A .To my memory he was in the hos- pital six weeks. Q When you took that dinner up there Christmas day they told you he had gone home? A Yes sir, he went up in town and got a cab and went home. Mr, Gar : What expensé was he to you all after he was car- ed home rom the hospital? A I could not tell you how much, The things were so much it looked like I could not stand it some times, Had a large family to keep UP. Will Orr, tendered to the defendant upon the ques- tion of the extent of the Plaintiff's son's injuries. Stood aside, P. E. SOWERS: Direct—-examination: Mr. Garland: Where do you live? A Spencer. What is your business? A I have been running a store, Do you mow Giles Ingram? A Yes sir. . Do you know his character? A Yes sir. What is it? A Good, Do you know his mother? A Yes sir. Know her character? A Good. Do you know Grady Ingram? A I dont know much about Grady. Just a young boy that has grown up there? A Yes sir. Cross-examination: Mr. Caldwell: Q Giles trade with you? A Yes sir he trades some with me. Q And you have been signing some papers for him, too, have you not? A No sir. Q Have not been making any affidavits? Never did do that? Your name is P. E. Sowers? A Yes sir. Q Did you sign that? A I guess / did. Q Your signature? A Yes sir. Q So you have made some affidavits about it? I will ask you 4f you did not swear as to this fellow being a proper fellow ‘¢o be mixed up in this law suit before? If you have not sworn that? _ Objection. Q If you are not taking an interest in this case and swear- ing that he is the proper man to bring the suit? Didnt you swear that? Objection. Q Didnt you go before Mr. Garland, when he was acting as a lawyer and Notary Public, too, and swear that in this very case - that the old man was the proper fellow to represent, them all in this matter? Didnt you swear it, Mb, Sowers? Didnt you swear that? A Well, I signed that paper. That is my signature. Q Now, I ask you 4f you did not sign a paper saying that Giles Ingram - this very man here that trades with you - was not the proper person to handle Grady's law suit? A I dont recollect, Q Will you swear you did not - before Mr. Qgriand as Notary public? <A I dont recollect whether I did hot. Where 40 you live? A I live at Spencer. And live there yet? A Yes sir, And run a store? A Yeo sir. | How close to Giles Ingram doa you live? A About a mile. Prades with you yet? A No sir, not right lately, only - ometimes when he needs something. , ~14- Mr, Garland: He does not owe you anything? A No sir, he does not owe me anything, . Mr. Jd. 0. Earnhart: Direct—examination: Mr. Garland: Q You are the chief of police and tax collector and have been at East Spencer? A Yes sir. Where Giles Ingram lives? A Yes sir. Do you know his character? A Yes sir, What is it? A Good, What is it? A It is good. Q Q Q Q Do you know the character of his mother? A I do, Q h Do 1 know the character of Grady? A No, I have seen 7 im b I dont know his character. Plaintiff offers in evidence the list in the Family Bible, or that part of it showing the record of the family births and deaths, and especially that part containing the birth of Grady Ingran. Objection by defendant. Sustained as to all the entries except the birth of Grady Ingran. DEFENDANT EXCEPTS, "Grady W. L. Ingram born December 12, 1867". Plaintiff Rests, Defendant Rests. © The Court settled the issues as follows: -1- Yas Grady Ingram injured by the negligence of the de- fendant, as alleged in the complaint? -2- Was said Grady Ingram guilty of contributory negligence, as alleged in the answer? ry -3- What damage, if any, is plaintiff entitled to recover? His Honor charged the jury as follows: al oo, ~ Southern Railway Co., Deft.) _ perior Court, with his father acting as his next friend in the said actually resulting from the injuries alleged to have been received hy Giles Ingram, Plaintiff, ) vs ) THE CHARGE OF THE COURT. Gentlemen of the jury, from the admissions made by counsel dur- ing the progress of the trial, the Court relieves you of the necessity of answering the first and second issues, both being andwered by consent. %t was also admitted by the plaintiff's counsel that the son of the plaintiff brought suit, after his injuries, in Davidson County's Su- action against the Southern Railway Company, to recover damages for per= — sonal injuries received by the son at the time and under the circum stances alleged in this action, and that the plaintiff in the said suit obtained a judgment therein for $500.00, and that the said $500.00 was paid into Court by the Southern Railway Company, and was afterwards paid out to the attorney of record of the plaintiff in that suit. With regard to these admissions respectively gentlemen, and any questions of law arising therefrom, you will not trouble yourselves as it will be the duty of the Court to declare the law with regard to these matters, and this can be done at some other stage of the trial. | The question which the Court submits to you for answer, and the only question, is the third issue, namely: "What damages, if any, is the plaintiff entitled to recover," and the burden of this issue is upon the plaintirf to make out his contentions with regard to it by the | greater wieght of the evidence or by the proponderance of the proof, | and it ia your duty to look to the evidence and all the evidence am and examine it carefully in connection with the contentions of the Coun sel on both sides and answer this issve as you may find the facts to be. The rule of law which will govern you in your investigation upon this | issue is this: In attempting to ascertain the amount of damages, if there” . | are any damages you ascertain that the plaintirr is entitled to recover, you will be limited to indemnity for loss of time or loss from inability to perform ordinary labor or capagity to earn money, proximately and the son on asgount of the Negligent asts of the defendant. The pix se dsisists that hig son lost tine from his erdimary taver ant tat he me “a x . y, : “ A i if | eeainaan 2 EJ ee @isabled and was not able to perform ordinary labor. are | Paes caused to be unable to perform ordinary labor on account of the injuries he received at the hands of the defendant, and that there was a loss of capacity on his part,directly resulting from these injuries, to earn money. He insists that he was injured on the 25th day of November, 1906, and that his next birthday following that was the 12th day of December, 1906, and therefore, for the perio@ of two years and seventeen days that he, the father, lost the wages of his son on account of his disability | or his inability to perform ordiBary laber. You will note that the Court is directing your attention to what extent has it been shown by the father, the plaintiff, that he was deprived of the services of the son on the account of the injury he received. The defendant's counsel in- | sists that upon the evidence of Dr. Whitehead that you ought to fim that he was not rendered unable to perform labor for so long a period | of time as is claimed by the plaintiff. You will examine Dr. Whitehdad's. testimony, which was read to you by consent of parties, the witness being absent, and consider it in connection with all the other testimony of the case in determining for what period of tims, if any, the son was The burden is on the plaintiff in this case, you wild note, to show that he was an infant, or in other words that he was under twenty- one years of age on the 25th of November, 1906, that he was under age for the period of time, or for some period of time after he received the injury. ‘The plaintirr must satisfy you, as I said, of this allegation, that is, prove by the greater weight of the evidence as to the length of time that elapsed after the alleged injury until the period of time when he arrived at the age of twenty-one; for you count not make ary allowanee in answering this issue for any loss of service to the father after the boy arrived at twenty-one years of age. The plaintirfr instats that ac- cording to his testimony, to the tentineny of the son and the testimony of the family bible corroborated by the testimony of the mother, that the boy was under twenty-one years of age when he received the injury, and that two years and seventeen days passed away before he arriged at twenty-one, and that during that period of time he was physically unable to perform the ordiaary labor that he had been able to perform before - he was injured. The defendant's counsel insists that you had an opper tunity $0. nee the son himself on fhe Witnene AinMh ANF. fe. Pm Ie } ape 2 teas zou pee i ss th thie ha EE is, testimony of Dr. Whitehead, which stands to show that he made recovery from his alleged injuries at the period of time referred to by the doo- tor in his statement. [x is also insisted by the defendant's counsel that there is evidence here tending to show that the father received some portion of the recovery made in Davidson Superior Court, for and om account of the loss of the services of his son. If you fim that the father did receive any portion of the recovery made for and on account of the loss of his services resulting from these injuries, to such ex- tent your answer to this third issue should be diminished by so much as you shall find that sum to ve, | These are substantially the mterial points which o@eur to the | Court bearing upon this investigation which you are now mking. In ans- wering this third issue, I again direct you to the pontant aun of counsel in regard to the fact and remind you that the burden is upon the plaintiff to satisfy you as to his contentions, by the greater weight of the evidence. Retire gentlemen and answer the third issue. i haialintes lalla dt ac ttc itn ini, ial it aes cots nea py : el To that part of His Honor's charge in brackets, and which reads as follows: "It is also insisted by the defendant's counsel that there is evidence here tending to show that the fathay seeste~ ed some portion of the recovery made in Davidson Superior Court, for and on account of the loss of the services of his son. If you find that the father didi receive any portion of the reoovery made for and on account of the loss of his gser- vices resulting from these injuries, to such extent your an- swer to this third issue should be diminished by so much as you shall find that sum to be," the plaintiff excepted, There was a verdict in favor of the defendant as 8et out in the record. lotion by the plaintiff for a new trial upon the fol-~ lowing ground: ; | | For that the Court erred in Ghareine the jury as above set forth, there being no evidence, according to the plaintiff's contention, upon which +o base such a charge. Motion over-ruled, Plaintiff excepted, Judgment for the defendant as set forth in the record, The plaintiff excepted and appealed to the Supreme Court, Affidavit of counsel and order of Jnige allowing the plaintiff to appeal in forma pauperis, Notice of anpeal waived in open Court. 40 days allowed the plaintiff to serve case on appeal and 40 days thereafter allowed appelice to file counter-case or excep- tions. The Sammons, the Complaint, the Answer, the Issues, the Judgment, the Case on Appeal, the affidavit and order . allowing plaintiff to appeal in forma pauperis shall consti- tute the gage on appeal to the Supreme Court. Assigment of Error: For that His Honor charged the jury as above set forth and enclosed in brackets, there being no evidence ac- cording to the plaintiff's contention upon which to base such & charge e. Jilds Ingram vs. Southern Railway Company. The following jury, T. C. Yates, B. ©. Sherrill, Wm. Harris, W, EB, Massey, W. D. Daniels, Charlie Ross, J. I. Hoover, E, M. Houston, J. G. White, L. R. Deal, L. F. Lambert and T. L. Winecoff being sworn and empannelled for their verdict say they find the issues submitted to them as follows: lee Was Grady Ingram injured by the negligence of the defendant as alleged in the Complaint.? Answer. Yes. 2.° Was said Grady Ingram guilty of contributary negligence as alleged in the Complaint? Answer. No. Se What damage, if any, is plaintiff entitled to recover? Answer . No damage. North Carolina, In the Superior Court. Iredell County. October Term 1909, Jilds Ingram vs. JUDGMENT, Southern Railway Company This cause coming on to be heard at this term of the Coust before His Honor B, F. Long, Judge Presiding, and a Jury upon the whole record in the case, and the jury having found that the defendant was not liable in any sum whatsoever to the plaintiff, and assesses _, no damages against the defendant; | | | It is, therefore, considered and adjudged by the Court that the plaintiff recover nothing of the defendant by his said writ, and that the defendant go hence without day. | B. °. Long, _ Judge presiding. North arolina, In the Superior Court. “a Iredell County October Term 1909. Jilds Ingram vs. Southern Railway Company. | Personally appeared before me, the undersigned Notary Public, Jilds Ingram, who first being duly sworn says: That in the above entitled actian pending in the Superior Court of Iredell County judg- ment was rendered for the above named defendant and agahnst the plaintiff affiant, and that affiant is desirous that said matter be carried to the Supreme Court on appeal from said judgment, and futher says that he is unable by reason of poverty to make the depois or give the security required by law for said appeal, and that he is advised by counsel learned in the law that there is error in mater of law in the decission of the Superior Court in said action; Wherefore affiaant prays that he be allowed by the Court to appeal to the Supreme Court without making the deposit required by law to appeal in said action. Jilds xX Ingram His Mark. Sworn to and subscribed before me, this Nov. 10th 1909. W. C.. Maupin, Notary Public. | Com. Expires Jany 21,1911 North aarolina, Iredell County. Jilds Ingram vs. Southern Railway Company. To his Honor B. F. Long, Judge: This is to certify that we have examined the case of Jilds Ingram vs. Southern Railway Company in which judgment has been rendered in favor of the defendant and against the plaintiff in the above entitled action and we are of the opinion that there is error, and that the decission of the Superior Court is said action is contrary to law. oo Armfield & Turner This Nov. loth, 1909. Geo. W, Garland . Atty North Carolina, In the Superior Court. Iredell County. Jilds Ingram vs. - Southern Railway Company. Upon reading the foregoing affadavit of the plaintiff Jilfis Ingram,. in the above entitled eause and the certificate of counsel it. is considered and adjudged by the Court, that plaintiff Jilds Ingram be and he is hereby authorized to appeal to the Supreme Court from the decission in said action without giving the security required by law. This 15th day of November 1909 B. F. Long, Judge Pre: idinfg North Carolina, yo. County. I, J. A. Hartness, Clerk Superior Court, do hereby certify that the foregoing is a true and correct copy of the papers and record of Court in the case of Jilds Ingram vs. Southern Railway Company. Witness my hand and official seal, this Jany 15, 1900 Clerk Superior Court. ~ * State of North Carolina, Supreme Court, Siz = fis Iredell County. From Iredell. *s, Giles Ingram, Plaintiff, vs Case on Appeal tendered Se FR SR Sis Sis Bis Southern Railway Company, by Plaintiff. Defendant. This is a civil action tried at November Term, 1909, of Iredell Superior Court before His Honor, B. F. Long, Judge, and a jury, in which the plaintiff seeks to recover damages from the defendant for loss of services of his minor gon in- jured by the negligence of the defendant. The pleadings show the contentions of the parties. The following is the evidence in the case;:: North Caroline In the Supreme Court Iredell County From Iredell. Jiles Ingren, Exceptions to Appellent's vs ° Case on Appeal. Southern Reilway Compeny The Defendant, the Appellee, hereby excepts to the cese of Plaintiffs, Appellent, on sppeal to the Supreme Court, end for Fxceptions says. --First- Exception.-- Thet it excepts to Appellsn®s case, for inserting el11 the evidence in full, much of which is not necessary to @ full understanding and determination of the case. * ~-Second-Exception=- The Appellee excepts to ssid came beceuse it fails to set forth the notices of birth alleged to be entered in the family Bible, showing thet they were mede at one and the same time, and in the same hd writing, and further thet the date of seid Bible in which the enteries were made is not set forth in the evidence. The Appellee insists thet all entcries con‘ained therein constitute s part of the ease, to- gethe with the dete of the printing of the Bible. This December 20th,1909. Counsel for eke = f-*-sy tH2- Term 1960) ...Gounty. JUDGMENT. Pride - to be argued upon the transcript of the record from the Superior Gourt of ee Gounty:—upon consideration whereof, this Gourt is of opinion that there jn CUO arror in the record and proceedings of said Superior Court. It is therefore considered and adjudged by the Gourt here, that the opinion of the Gourt, de defiyorebyr be certified to the said Superior Gourt, to the intent that the. {SF And it is considered and adjudged further, that the../7 \AGAAULF ae iieesstsiieee the costs of the appeal in this Court incurred, dollars is LOLS and execution issue therefor. A True Gopy: Glerk of the Supreme Gourt. SUPREME COURT OF NORTH CAROLINA;. Feb. term 1910. #860, Iredell. Giles Ingram, appellant ve Southern Railway Company. Civil action tried at October term 1909 of the Superior Court of Iredell County, His Honor Judge Long presiding. The action was brought to recover for loss of servicesof plaintiff's aon’ for about two years preceding his majority. The son was injured by the negli- gence. of defendantas employees and had recovered damages for the injury. These issues were submitted. 1. Was Grandg Ingram injured by the negligence of the defendant “aa. alleged in the complaint? Answer: Yese ae ‘2. Was said Grady Ingram guilty of cont ributory negligence as alleged in the complaint? Answer: No. 3. What damage, if any, is plaintiff entitled to recover? Answer: No damage. | | From the judgment rendered plaintiff appealed. George W. Garland, Armfield & Turner for plaintiff; Le C. Caldwell for defendants We find no: e¥ror’ £8. the rulings of the Court belowe There is ample avidence tending to prove an emancipation by the parent of the’ 80N» it is ila nottled that af a contract of employment is mais by a minor andsapproved and confirmed by his father, and under anet contract the son is to recelve the wages ‘earned by him, the father by approving and cont rming the agreenfont, in effect emancipates his s0M, as to wages earned by Kim under the contract, which becomes the property of the son, ana net the ‘property of the fathere Party Ve American Ship Windlass Co., 19 R. Ie, 461. | If a minor son contracts on his own account for his services with the enowledge of his father ‘who makes no ob seotsom: thereto, there is an impliad omangipation and an assent that the son shall be entitled; to | the earnings in his own right. Burdgall v. Waggoner, 4 Col. 261; Armstrong v. McDonald, 10 Barb. 300; Jenny v. Alden, 12 Mass., 375; Campbell ve Campbell, 11 N. Je Equity, 268; Faylor v. Welch, 36 N. Y. Phe Supp. 592. North Carolina In the Superior Court Iredell County May Term,1910. Giles Ingram,Plaintiff, =V5= JUDGMENT. Seuthern Railway Company, Defendant. This cause coming on to be heard, at this term of the Court before His Honor J. Crawford Biggs, upon the certificate of the Supreme Court filed in said cause confirming the Judgment of the Court below, wherein the plaintiff recover nothing: It is ,therefore, considered and adjudged by the Court that the plaintiff recover nothing, and that the defendant in this case go hence without day. . ~ pent ti oe ee ee a ¥ yes poy? ; : le Sl cael A, bine era hiriantaag neato atti: hitaante tage Al tl a tings te te tc i Mh Ie A hh Settle os sn in mel ens ar it Siam Ne scant Se + ew Bill of Costs.—Civil.—Prirted and for sale by Brady, The Printer, Statesville, N. C. Diner neg Pomme isd: IN THE SUPERIOR COURT 1 County. Judgment Against Original Summons, or other original process, including all DAMOS CherelN....c....crorcersre sercococcversererovccerecevereevers seceenes $1.00 MBWORY ODS OF ORME. cc. 200s 55 co) scars ocsecrsessts ccohss cores racemes eetesenaccsees -25 Bond, including Justification.............00..000 gessssserenscessenscsersecees 60 BPOOR TOM TUBER so oocce ocasencnccecasse ences sesso) cocscrcacesseseerseasecsevass -50 Appeal from Clerk t0 JUudge.........cc-.ccscccoscesssssce ccscescccse sessecseoqee .50 Order for enlarging time of pleading.................. .. pesctaisscecseeateees -25 EnCOTIOCIT OFF) ORG OES \ccscacecacessscacssceccccre |cscessssceccsocesescccceesegeosscsses .25 Attachment, Order in...............0 Dospadsueresesterseea Mcrces sccoreesacciserses .50 Injunction Order, including Bond and and Justification..... ..... 1.00 6 Onder Of Aree rerscresserccssstarteclcrzscentcrteserdal sercentecel anceecersccncecersees )) AA— | Subpoena, each name 7 Notifying Solicitor of Removal of Guardian. .. .........0..cceseseeeee 1.00 COMGMUBNCR Ly creccceescrerccccsseccssscaceceesssereesaeceerlcsverecccctescees ccecccseces 80 Caveat to a Will, entering and docketing..................ssecesesrereeee 1.00 Issuing Commisslon ccccccsscsc.ccoce secon coccecsscsessseocesssescacese cess) « seeseee 75 Affidavit, including Jurat and Certificate....... 0.00.0... .:ssessereee 25 Reeiliccsereetiseacrectecenecetsas carscsccccrstrereteesconstrectecetutsrecccecastcceseaRctcetss7 25 Motion, Entry and Record of..... ...... Reaver aeceechcaceccsenetDitccieercorssees .25 INOUMOO ceserioceca)crcsesccessceneee sveze unateeimstcrssstequracccascrasesesolestsre serares . 25 Notice, for each name over one in BAME PAPET...... .......eeeeereerrere me A) Tmpanelit a J Urey, scosc<sccccscscccacecescscevcsccas) seseoececesecscese) cecsscesncesssess 10 Justification of Sureties, except as otherwise provided ............. ,-50 SUGHMent Malin COrM CINE ccceccaccccs-ccccccescclcessceccsvacar-cecceseysccars 1.00 Judgment final) before Clark <..ccc: sccccccccecesreccesesesscccs scccccnceccsscosese .50 Judgment in favor of Widow’s Year’s Support..........00. sess seaee .50 Dockoting: OW te iecccccsocertcsrsersecestserscssoctotrersresceeMicrressserserecers Messe -25 Docketing ex parte Proceedings ..... 2... cscs sersssecess coccecesesessonce .50 StRE SG MOM Gecce ccececeecsccscsceetacteeessesesaceseesecers] vaceveeescccesrels er 25 Summons, .............00 cepts Wecdesetecneceursierehesctusreteeccerarterert .25 ANGOxing JUGRMONG...crcccsssececsslaccerceceslcccesecececreceeceserceetccere scscesee 10 Filing Papers Pespcensecsatescscetsausiacesnerretesccccosseerieceseeicertevcesrs 10 POOR We; QCCURL ficcccel ccces ccacoecscecsseceloccsecccceece cesses) evscereteseseeeeeeseees)) cecsees Transerint) Of Jad MONG: ::.c.cccsescscsnslcceccccscs!ccecocccceccscesceccseuceess .25 Execution and Sheriffe) Return:.....<..ss<c.c-ccses-cesse-cosee cvscocseees) ose: 50 Appeal to Supreme Court, including Certificate and Seal....... ... 2.00 Transcript to Supreme Court............ copy sheets, each.............. 10 County Tax, when Jury impaneled...............ccsscsssrssess sosseessseee 8.00 eGeree B AMO WERCOs:cccccesssscescsccsss cles ceeeecerevalciceleccesrercesceneeeneececens I cerca Shiorifiperestececescossrececcsiscerericcscreretensessmrasecsscenecetrsasiecressesserstesterres secceces sei eccentcccscrcrsecereeseehcere bemewerecerecceeeeeeeenes sence reeeeeneseeeseeeereeseeeseeees — seeceee Constable ............-20-0+ eee PeertscnsnrcarecercctsssrrTateseccetsees csarscderser mc sssees Magistrate. ................. Plaintiff's Witnesees. sence caceee seeerevcerves seececascees oeeeceveese eeeeeseesene trees eearerlece © see aces | eeeee ene seevescce| | coececece oe eeccceces| | eeveerecsoes eeeeereeel| soeeecscees eeccesee |] coos coves stereeeesllsceee eosees seeeeeceel l seseceeesees seeeeeree ereeeeece seeee eocees seeeeesecees seeeeeceeces Prerrrrrrr rg secveesecese eeererecoers saaecrecees seewneceeee seceecceooeel © eeee eeese | oseee seeereveeves eeeereee seeeeee soos seeeeceee seececcorees cece coeene aeeeereceoes seees cee avecesene seveecese seececoes sererccscoce eeeeesesece #*] | ecevewcvcees seeweeeeell secccsssoees eoccerecllesecee cones ewes ccoces| eee seeensens eeecseces seeeereee eeseeesccece| eretecscs seeeereee eeeeeces seececcccees | sores coe seeerceee eeeenece <i | [ CIVIL DOCKET. BILL OF COSTS—CIVIL. (As fixed by the Code.) Against i ete toe = eet ITS aetna Railroad Records 1910 Bowan “ARSE. Klla House =VEB~- Southern Railway Company. To the Clerk Superior Court [Iredell County 3s - This is to certify that I have examined the cause of ac- tion of Ella House vs. Southern Railway company, and believe that she has a good and meritorious cause of action both in AW Atty. for Plaintiff. law and facte WORTH CAROLINA, Rowan County. Ella House,first being duly sworn, says: That she is unable to give the security or make the deposit required by law to enable her to prosecute an action against the Southern Railway Company, and therefore, prays, that she be allowed to prosecute her said action without giving the security or making the deposit required by law. mate (LS hsus2i of WNov.,1 a Wotary Public. Geman ff 189" ey WORTH CAROLINA, IN THE SUPERIOR COURT. Iredell County. Ella House -Vs- Southern Railway Company. Upon reading the foregoing certificate and affidavit, IT Is ADJUDGED BY THE COURT: First:- That glla gouse be,and she is hereby allowed to prosecute an action against the Sou- thern Railway Company without giving the security or making the deposit required by law; Second:-fhat no officer of this Court require of her any fee — eovence for services rendered in the above entitled act . me £4 BAEZ Pep superior court Iredell Co. CP ES ys Oe ‘aunesiive AVI LV WOTTZSNNOSD GNY AZNWOLIY GNVTUYD ‘M JOU0ID VNITOUYS HLNON - > Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, TO THE SHERIFF OF So terta-——County--GREETI Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. WITNESS,%. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF rrertern<. County--GREETING: And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our-said Court, at office in Monday in ——— erk Superior Court for.‘ e Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. an STATE OF NORTH CAROLINA, To THE SHERIFF or. beter County--GREETING: Plaintiff........ ., and ° : a C Defendant a . And this you shall in no wise omit, under the penalty prescribed by law. WETNESS 1g cscs geen Feenstra rhe cbe cases td grate eden Miseteoiecretetn , Clerk of our said Court, at office Ww Clerk Superior Court fo Worth Carolina, In the Supcrior Court. Iredell County. Blla House —~vVB- COMPLAINT. Southern Railway Companye ) Plaintiff complaining of the defendant, alleges and says 8 That the defendant, Southern Railway Company, is a corporation duly created, organized and existing according to law., with all the privileges, oblirations and liabilities © of a railroad corporation, and at the time of the grievance hereinafter complained of was operating a line of railroad from Salisbury to Asheville in the State of North Carolina. That on the day of December, 1906, the plainiiffr was in the employ of the cevendant as a servant at Salisbury, and engaged in cleaning passenzer coaches of the defendant for a valuable consideration; that on the aforesaid day of December, 1906, while the plaintiff was at work, as aforesaid, in the performance of her cuties upon a car belonzin; to the defendant, she was ordered and directed by the cefendant to raise the windows of the car one of which had just been repaired by the defendant, but hada been repaired in such a negligent mavncr that when plaintiff attempted to raise the gaid window the defendant had carelessly permitted 1t to become so fastened and tight that when she undertook to raise it she had to exert an unusual amount of force, and in doing so her hand slipped and went through the window pane, breaking the glass and cutting her arm and hand, whereby she was made to suffer great mental agony, bodily pain and was permanently injured. That the pull provided by the defendant, which it was aN necessary for the plaintiff to use in raising said window, had become worn smooth and unsafe for the purpose for which it was provided, thereby causing plaintifr's hand to more easily slip when it became necessary for her to exert unusual force in raising the said window. That said injury was caused without fault on the part of the plaintiff and by the negligence of the defendants lst. In that defendant permitted the window in said car to get and remain in such condition thot it could not be raised; end. In that the cefendant curelessly and negligently re- paired said window and left it in a defective condition; Srd. In that the cefencdant failed to furnish to plaintirr a safe car in which to perform her labors; 4th. In that it was the duty of the defendant upon said occasion to exercise toward the plaintiff ordinary care, Which 1t failea to co, anc thereby injured plaintiff? as aforesaid, in the sun of two=thousand dollars; WHEREFORE, plaintiff cemands judgement against the defendant in the gum of two-thousand dollars, and the costs of this action to be taxed by the Clerk, and such other and further relief to which plaintiff may be entitled. Attys. for plaintiff. = Jom PG WORTH CAROLINA # SUPERIOR COURT. q IREDELL COUNTY # JANUARY TERM, 1909. Ella House 4 a ANSWER. Southern Railway Company. t The defendant answers the Complaint and for answer says? -First- That it is a corporation duly and originally created, organized and existing by and under the laws of the State of Virginia, has been for some years, and is now engaged in Coetetincls line of railroad from Salisbury and Asheville, in the State of North Carolinas -Second= That the allegations contained in the second paragreph of the Complaint are not true and are deniede -Third- | That the allegations contained in the third paragraph of the Complaint are not true and are deniede -Fourth= Tha the allegations contained in the fourth par= agraph of the Complaint are not true and are deniede And for a further answer and defense to the plaintiff's cause of action the defendant says? First- That if the plaintiff was injured, which is hereby denied, said injury was caused by the carelessness and negligence of the pld ntiff, in pulling her weight and strength against the window, and allowing her hand to slip off the latch, and ienocking the glass out. Second= That the plaintiff was guilty of contributory negligence in throwing her entire weight and strength @ against the window, when she learned the window was tight, and was guilty of contributory negligence in allowing her hand to slip off the latch and breaking the glass in said windoWe And for a further defense, the defendant says? First-~ That the plaintiff brought her action against the defendant for this alleged grievance in the Superior Court of Davidson County on the 13th day of February, 1907; that after said action pended there, the same was non=suited and dismissed in said Davidson County Superior Court, more than one year prior to the institution of the present action for the same cause and(the defendant pleads said lapse of time and Statute of Limitation in bar of the plaintiff's right to recovere Second== That the plaintiff is not, and never has been a resident of Iredell County, but lives in the County of Rowan, where she is known, and where her said alleged cause of action arose, and if at any place she should burden the Courts with her Complaint and costs, it is respectfully alleged that it should not be in Iredell County, as its tax-payers should not be compelled to bear the burden, and her own people be immurnse from the load she attempts to shift and place upon those not interestede And having fully answered, the defendant asks t hat it go hence without daye ttorney for defendante Flla House, v5 ISSUFS. Southern Railvay Company. -<First-- Was the plaintiff injured by the negligence of the defendant, as alleged in the Complsint? Answer:- ef --Second--Did plaintiff by her own negligence contribute to her own ,injury? Answer?= LY. O --Third-- What damage, if any, has the plaintiff sutained? answer of 7 py <? Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF...) in a certain controversy before said Court deperding, and the Defendent Witness Clerk Superior Court for.. North Carolina In the Superior Court Iredell County November Term,1909. Flla House ,Plaintiff vs Southern Railway Company. In the above entitled cause judgment having been rendered in favor of the plaintiff, the defendant prays an appeal to the Supreme Court and a Bond in the sum of Forty Dollars ($40.00) peing required by theCdurt; tr, the Southern Railvay Company as principal S—— __..__. as surety acknowledge lives as indeb unto the plaintiff in the sum of Forty Dollers, well and truly to be paid, the condititins of this obligation is such thet if the Southern Railway Company, the applent shall well and truly pay ,such cost as may be required acainst it bu reason of this appeal, then this obligation shall be null and void, otherwise remain in full force and effect. _SOUTHERN RAILWAY COMPANY. ny oe Cok decce, for Southern Rail way Co. surety of the above Bond makes oath oe ee ee ee ee we resident of this State, a free holder therein, and that he is worth double the amount of the above Bond ,above all debts, liabilities and exemptio lowed by law. Sworn to and subscribe this the ---- day of, - BOND. NORTH CAROLINA, ) Superior Court, IREDELL COUNTY. ) November Term, 1909. Flla House, Plaintiff, ) vs ) BOM). Southern Railway Company, ) - Defendant. ) In the above entitled cause, jusgment having been rendered in favor of tie plaintirf the defenaant prayed an appeal to the Supreme Court, and a bond in the sum of £40,00 being reyuired by tne Court,, Now,, therefore, that the Southern Railway Company as prin- cipal and A... as surety acknowledge ourselves indebted unto the plaintiff in the sum of $40.00 well and truly to be paid, tne condition of this obligation is’ such that if the Southern Railway Company, the appellant, shail well ana truly pay such cost as may be { a _ required against it by Fréaso71o 8-0) 1gation.....————ai , Porte, ; rakes HO ge ill Snail be null ana void, otherwise to remain fn full force and effect. iy ooh cmemniahiniamee ce eT SOUTHFRIY RAILWAY COMPANY, ee Colbuc ..-e Attorney. Ge kcdoryel. .eourety. . _ , oe oe EM cA .-., Surety of the above bond makes oath ‘ that he is a resident of this State, a free-nolder tnerein and that he is worth double the amount of the above bond above all debts and liabilities ana exemptions allowea by law. } Sworn to and subscribed before me, this the 4.2, day ot 202U..., 1909. SUMMONS FOR IEF .—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 4-21-'07-1M. County.--Gn the Superior Court. a sf AGAINST SUMMONS FOR RELIEF. f A Lo.) | Here karen / orb af — AAA. fo (_ State of Narth Carolina, To the Sheriff of At he kh - County— GREETING : ou are Hereby Commanded to Summon I (<) Po Aeoas ny a Ay: | fea. : J the defendant...above named, it Vk — be found within your col to be and appear before the Judge of t Superior Court, at a Court to be held for the County of At Aah 2 -at the Court House in ( Lh. 12 Hh on the .) . monday the te Mask eft 7 the same being the... 29° o. day of .._4.> Cet 1904.., 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 oe they fail to answer to the said complaint STATE OF NORTH CAROLINA, In the Superior Court. AGAINST -~ BOND. We acknowledge ourselves boun® ynto............ “yy pistes : : Penner ener rer - SY. the Defendant... in this action, in 2, 4 : ..Dollars, to be void, however, if the Plaintiff : ~ of. echt a nif shall pay the Defendant.............all such cost as the Defendant........... may recover of the Plaintiff..........in this action. Witness our hands and seals, this... OGY OF s.. See Die LOO ana ee eee (Seal.) Se eran Se ence eeeepeneneseestapee (Seal.) SB Ft Se essere cee newer eeooan oe fone zenctea erie (Seal.) \ Sep eee ee evo Pathe nce nator being sworn says he is worth the sum of two hundred dollars ; ovet atid above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this................... GOy Ol xp see ee 190........ See s\ of K iT) Malla Q 3 is rca had v ~4+ PT) mm ~« f < } : au | i het 6 OY 1 oy 8 (oe 4 = ‘ , i ; i “3 Av oc om z oo i at beads 1 es ; S | = DRS “JH pat “TX = $ YU M : Oo : 5 RS (} |] = 2 ¥ S| mE = & =m § » DNs | > 2 | ies ee cane NB G8 i Ri nn De AA am parang ss ttl “ fas a nly at ae NI iat a wen, AaB gy ad North Carolina Iredell County Ella Houser, I vs | J Instructions asked by the Defendant m+ Southern Railway Co. I 1. "No act or omission, theugh resulting in damage ,cen be deemed actionable negligence unless the one responsible could, by the exercise of ordinary care under all the circumstsnces, have foreseen that it might rerult in damage to some one" | Pollock on Torts 36 and 37. “ There must he, before a recovery ean be hed in setions for negligence, a_breach of duty on the part of the defendant, wand the aet or omission prcesetlie the breach of duty, culpable in itself, must be such as a reasonably careful man would foresee might be productive of injury;ome is not liable for an injury which he could not foresee" | Smith on Negligence 24. The defendant was only required to furnish the plaintiff a reasonably safe place to work, sand reasonably safe and sound appliances with which to perform her work. " When a person in the observance or performance of a duty to another has neither done, nor omitted to do anything which an ordinarily careful and prudent person, in the same relation end under the same conditions and circumstances, would not have done, or omitted to do, he has not failed to use ordinary care, and is, therefore, not guilty of negligence, although damage may have resulted from his action or want of action. Carter vs Lumber Co. 129 N.C. 203. Did the defendant have reason to believe that the plaintiff woulc have occasion to raise the window sash, or thet her hend might slip off the"hold"on the sash? Plaintiff was a car cleanser within, while others performed the outside cleaning,and she would not be required or called upon to raise the sash -and her raising the sash could not be anticipated or foreseen by the defendant. If the jury should find from the evidence that the plaintiff was ; @ car cleanser - whose duties were to clean the inside of the a Mak bf tnd Naf her car, and inside of the windows “, ra fyrther find that Vn other employees performed the dutie& outside of the cer and should find that pleintiff attempted to raise the sashand was lhinehd injured, althourh the sash was tight, and hard to raise, then yr she would not be entitled to recover, and the jury should so he Court charges the jury that there is no negligence in this case, and the jury is instructed to answer the first issue No. | The only act of negligence alleged and relied upon is, that the sash in the window was too tight. } = : i Work on the coach inside was not attended with any danger. Was her injury an accident, or was it produced by the nerligence of the defendant? " An accident is " an event from an unknown cause", or an unusual and unexpected event from a known cause" chance, \ \casuel ty ' The Court charges the jury this was a most unusual and unexpected event event- an accident and not negligence on the part of the defendent, and the jury is instructed to answer the first issue -No, Upon the Second Issue. If the jury should find from the evidence that the plaintiff was employed by the defendant as an inside car cleanser, and - oe should further find from the evidence, that other employees cleansed the outside of the car and windows, and shovld find ~ Unk Uy HH ey the window sash by id Oe pred and uk to aatepud Poe ctea great en » an feed ene sls ta taqud ~~ tempt faise the sash, and because of its tight condition that she threw her weight on the hold, for the purpose of raising it, when her hand slipped off and she was cut and injured, she would be guilty of contributory negligence, and not entitled to recover and the jury should answer the second issue -Yes. From all the evidence in the case, the rr is not Col drwete ~ Attorney iL. Defendant. entitled to recover. | ; NORTH CAROLINA, A Term 196@1 No. ISY — : ss... Gounty. | SUPREME COURT. JUDGMENT. error in the record and proceedings of said Superior Court. It is therefore considere djudged by the Gourt here, that the opinion of the Gourt, as delivered by ...... Justice, be certified to the said e Lscsssythe costs of the appeal in this Gourt incurred, to-wit, the sum of....... wh 7 A, v [s00 Ts. dollars (sth ey and execution issue therefor. A True Gopy: Glerk of the Supreme Gourt. Ella House 7 Ve Southern Railway Company. * 6 Rs 4 Civil. action tried vefore higHonor B. F. Long, J-, and a jury, at November Term, 1909, of the Superior Court of Iredell County. On issues submitted the jury rendered the following verdict: "First. Was the plaintiff injured by the negligence of the defen- dant, as alleged in the complaint? Answer: TYes!. Second. Did the plaintiff by her own negligence contribute to her | own injury? Answer: ‘'No'. ety Third. What damages, if any, has the plaintiff sustained? Answer: $700." Motion to dismiss as on judgment of nonsuit formally entered and MLE at close of entire testimony; motion denied, and defendant excepted. Judgment on verdict for plaintiff, and defendant excepted and appealed. | Hoke, J.: The plaintiff set forth her cause of action in the complaint as follows: - | "Second. That on the _—« day of December, 1906, the plaintiff was in the employ of the defendant as 4 servant at Salisbury, and engaged in cleaning passenger coaches of the defendant for a vaiuat se consideration; that on the aforesaid day of December, 1906, while the pleintiff.was at work, as aforesaid, in the performance of her duties upon a car’ belonging to the defendant, she was ordered and directed by the. defendant to raise “the windows of the car, one of which had just been repaired by the defen= dant, but had been repaired in puch a negligent manner that when plaintiff ‘De s attempted to raise the said window the defendant had carelessly permitted “sit -to become so fastened and tight that when she undertook to raise it she had to exert an unusual amount of force, and in doing so her hand slipped and went through the window pane, breaking the glass and cutting per | ‘arm and hand, whereby she was made to suffer mental agony, bodily pain and was permanently injured. Third. That the pull provided by the defendant, which it was neces- sary for the plaintiff to use in raising said window, ha@ become worn smooth and unsafe for the purpose for which it was provided, thereby causing plaintiff's hand to more easily slip when it became necessary “Por her to exert unusual force in raising the said window." And offered evidence tending to sustain it; and on this state-., ment the Court is of opinion that the motion to dismiss as on judgment of nonsuit should have beerkallowed. We have repeatedly decided that en employer of labor is required to provide for his employees a reasonably safe place to work, and to supply them with dmplements enaeoriances reasonably safe and suitable for the work in which they were engaged. As stated in Hicks v. Manufac- - turing Co. 138 N. C., 319-325, and other cases of like import, the principle more . usually obtains in the case of "machinery more or less complicated and more especially when driven by mechanical power"; and does not. a8. a rule apply to the. Use. of ordinary every-day tools, nor to ordi- 7 nary everyday, vonditdons,requir ing ho special’ care, preparation or pr&- vision; where: the defects are .readily observable, and where there was no good reason to suppose that. the injury complained of would result. The reason for the: distinction will ordinarily be found to rest on the fact that the elenant ‘of proximate cause is lacking; defined in some of the decisions as "the doing or omitting to do an act which a person of ordinary prudence. could foresee would naturally or probably | produce the injury". Brewster v. Elizabeth City, 137 N. C., 392. These windows not infrequently become tightened from ditterent causes, and, while it may be a great inconvenience and should perhaps be given more. attention than it receives, no one would say that an injury of - this character would ordinarily arise or be likely to ensue, and, there- hee fore, no actionable wrong has been established. | ‘Gur decisions on this subject are also against the plaintiff. “Dunn v. Railroad, 151 N. C., 313; Farris v. Railroad, 150 N. C., 483. ‘cla Dunn's case, plaintiff was injured by an ordinary sledge hammer flying from the helve just as a-co-employee, in the line of his duty, was in the act of striking with it, and the Court held: "When in the ordinary and everyday use of a tool, simple in structure an injury is caused an employee by a defect in it, which was not observed * By him after working with it for several hours, the employer is not liable | in damages by reason of the defect alone; and when an injury was thus caused to the plaintiff by the unexpected flying off of a striking-hammer, . used by another in striking a riveting-hammer held by him while riveting _ bands together in the course of his employment, the ee is not re- aboneshie in damages for plaintiff's resultant injury." There was error in refusing defendant 's motion for nonsuit, andl Same must be reversed. North Carolina In the Superior Court Iredell County May Term,1910. Ella House,Plaintiff | -Vs= 1 JUDGMENT. Southern Railway Company, Defendant. { This cause comirngon to be heard at this term of the Court before His Honor J. Crawford Biggs, Judge, upon the certificate of the Supreme Court, and it appearing that said Court reversed the judgment of the Superior Court; It is, therefore, considered and adjudged by the Court, that the plaintiff recover nothing, cherged—freom-tabiniey and go hence without day. LOA AT 1 494 Judge Presiding. a s Pr eet daytona eg pel. Nii, get NS nije nie me ak wer re : pom J wre * a oa te I: -- Forv—l~GF-~ ij ge pee ae Bill of Costs,—Civil.—Pricted and for sale by Brady, The Printer, Statesville, N. C. 6-15-06, Original 8S: é ti ding all - ae Be ee eae a repens le ote LIFTS I | Every copy Of Bame.............esccssccccsecccscsesesecessscsocseseseceacensseacence eM oavcsccecees 2S sccasesseeel ves lecens LLG hom i oc ccalecsssunesssseesccs | $S.FE ae ee ne oo Appeal from Justices... ........ccccscee cccescsces scceteceeecesssseeseeseeceees SIO Tiecoccaseeess| erorsceec] | ctererereieslsasactcre Appeal from Clerk to Judge............ccscccccssesseseee sesesecceessceessaceces SUG sseseraceestlacesaceza| | ceaseetesees levetetres Order for enlarging time of pleading..............00+ ssssssss sessesseceoses BD flececesseceee 73% mepascecers lteevestee Enterloentory, Ordena :.cccc.ccssscceecesccsecsese) seceeascosscsesnecactectcnssaseececes PMO iiicccstscccssleccscsee | | ecea erteel seceteers Attachment, Order im...........cccccsssscesseesecsssesceee: sccssceseseeacees cesses BESO | dese ocanl lacececess |i ctneeterreechcczecnccs Injunction Order, including Bond and and Justification..... ..... SQO) || ceacecnsnces| cceacccee]|seeetteceesl vercerees Order Of Arrest.......ccccssscscssses ceoseseceseceece: cesesssere seesececcsereecaceres NOOO) || cecceecscess|creensapel] cccesetersal scerecece ubpena, each name............ secsnatesses treaseateccectcectusstsecerereccceteecey: PLO ill ceetere KIO: Wessuscess | sscteveee Notifying Solicitor of Removal of Guardian. .. ........s00...ccseee0ee OO lime cececeeeac| recess lero teeetl eerie COMUINU ONCOL: cree. ccscseseccesscssrs<coseecscoseceres recees sceecscessrucsseetcecereeeeee BOO) | lectevecsant _ ZO. aeeneeceseee | veserise Caveat to a Will, entering and docketing...................s.sesesseesses ZOO) | | Sececconters|coecerace| | eeeemeereeen arenes Hesuing Comroission | scccesr rete ect ee lessees (CD ccctccocsses\seccceers pieeiccesel | cocereees Affidavit, including Jurat and Certificate....... .......c0..scecsccsseeeee RG il erorercavert teccecteceilctrrenereees | teeeeeare Vv Notice, for each name over one in SAME PAPET...... ......ece00eseee-eee ROS |scrcseres «| evceeeee EMPAHSHN GE JUPY ccceccesscsecersescerericcerteceee eeeceeritree he LO |leeereeee 4.2. cel | Penectacsees laessenete Justification of Sureties, except as otherwise provided ............. SU0O) | |cosecensesee|crerecves||coccetnreees| sasccest Judgment final in term time .............cceccssece sscceseseccececsecsececeseeees ‘200 || teers 4.100... Judgment final before Clerk ...........:..ecssccssssssssecsesee essssesseccescecees BOO) || esvessececclesovsr see eeeeereneces| Seeerese seeee seses| tereeeree Judgment in favor of Widow’s Year’s Support..........2:.. sees eesee Docketing GAME..............:seccccecsesccesscee ccccesssceee seesscecessensres eeeee i CX PATte Proceedings ..... 2... cccccce cecsscosoee covcscsscsssccces TUG AMON Gc. ..20csescocsesesecesnseocesesvessosssceoes’ ssacs seoccsosess “one “ 2 Execution Sheriff's Return................ccccessssssssscee sosesceeess eens Appeal toSupreme Court, including Certificate and Seal....... ... Transcript to Supreme Conrt............ copy sheets, each.............. iLO! | lecsccstcccec| cosecsesl| cnerctereres| coccersee : County Tax, when Jury impaneled...............ccccccccssscssee seseecsseeee 8.00 |}..... &. ©-.GiI............}-- SO sans fee PN oc caofennnn vessese [ovo LGV ose cesseiforcecsere vests see soe GOS) ces cree 4 Constanlle .......0.0.-0000- eonsssrorerserscrersererercereccncsescsssoccescorescecessesesees ccecese |[eorece ences] cceseserel | soeseccesees| eoeeeeeee Magistrate. .............. Plaintiff's Witn OPeOOe POSSE SLEDS ESOOOESEDS BEFOTO DEDEDE OSOEEESEHOSEOEEEESSEEEES § sesesee [ereeesceens | sessesee! leoeeee erees| cocserces _ tia ote sys Way (*apod 2g} Ag pexy sy) “TAD-SISOD 40 THd ‘L900 TAI eT Railroad Records 1910 North Carolina In the Superior Court Iredell County May Term,1910. W.W. Cromer, @vs= ; JUDGMENT. Southern Railway Company. This cause coming on to be heard, at this term of the Court ,before His Honor J. Crawford Biggs, Judge Presiding, and a Jury upon the whole record and the issues submitted, and the jury having answered the first issue in favor of the defendant Company, that it was not guilty of negligence, as alleged in the Complaint. . It is , therefore, on motion of L.C. Caldwell, Counsel for defendat, considered and adjudged that the plaintiff recover nothing by reason of his said action, and that the defendant go hence without day. ee em gm nepal natn i -_ i ae Railroad Records 1910 SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 4-21-'07-1M. IREDELL County.--9n the Superior Court. S. A. LOWRANCE AGAINST SUMMONS FOR RELIEF. SOUTHERN RAILWAY Oompany.* State of North Carolina, To the Sheriff of. IREDELL ‘County— GREETING: Wou are hereby Commanded to Summon THE SOUTHERN RAILWAY COMPANY the defendant....above named, if...it........ be found within your County, to be and appear before the Judge of rior Court, at a Court to be held for the Count ables a bere OA A ....at the Court House in MEA KM {YAMA .00 the... “3 a,b € the... L. aS Monday of... LEEK e _the same being the... 2-day oe which will be deposited in the office o out 190% and answer the complaint, a copy of e Clerk ha Superior Court for said County, within the first three days of said Term, and let said Defendant... take notice if..4t.....timsy 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..9th->. day of..... December 1908 STATE OF NORTH CAROLINA, In the Superior Court. TREDELL County. Se. A. LOWRANCE ] AGAINST BOND. SOUTHERN RAILWAY co. We acknowledge ourselves bound unto THE SOUTHERN RATLYAY COMPANY ase ee bees ; thé Defendant............. in this action, in the sum of Tv0 HUNDRED -Dollars, to be void, however, if the Plaintiff Se Ae LOWRANCE Shall pay the Defendant............ -all such cost as the Defendant............. may recover of the Plaintiff... in this action. Witness our hands and seals, this... Leth day of..... December eos. D. 190.8... bods Pleo a nce tereeeat (Seal.) LET SOLE. (Seal.) ™ ~ Pm Q 4 > Ol. &. me ee 6G CS SS 5 i] ome es 6] * Lo 5 || af —_ fC — ; s| < 5 us «| 2 (Hod Pp oc o y Ri og —_. | < B Cron fo © = i “ ut vs J 8s, Be . ela a Be gle zein to] : — Oo z : cd : | |< (giflee & & x i = < F: = s+ O ‘ - @ ss & IISQ a Sis 2 Fs : | : 2k : | P f @ B z | => . v gD ! £ 5 9 Y ° Z mo 2 sila i k She an Ss, Shh ieee ap. a ani So erry, “Rink 2 ee, - ee ea +. = , State of North Carolina In the Superior Court, January Term, 1909. County of Iredell Se A. Lowrance ) vs ) Complaint. Southern Railway Co. ) SEAS TERE PETE TEE EE SEEN IE ES The Plaintiff complaining alleges: l. That he is a resident of the County and State aforesaid; and that eS dd Pdéndant isa corporation duly created, organizec, s.i:C existing under the laws of the State of Virginia, and at the time of the injury hereinafter complained of was operating a railroad and running cars for the carriage of passengers between New Orleans, in the State of Lotisiana, and Charlotte, in the State of North Carolina, with all the privileges and franchises of a railroad. ©. That at the beginning of the journey on which the injury hereinafter complained of was suffered, the plaintiff was the holder of a valid railroad ticket, bought by said plaintiff of the defendant's agent in Mooresville, North Carolina, on or about November 5th, 1907, for -a ‘good and valuable consideration, anc ent tans the plaintiff to return carriage from San Antonio, Texas, tO vooresville C, North Carolina, ‘by the route indicated on the said ticket. '' 3, That in the course of said journey, to wit, on or about the 6th day of February, 1908, at or near Hobile, Alabama, the plaintiff was made 60 change cars and, notwithstanding the fact that the season was mid-winter, was placed in a car without heat. That after a time, in the course of said journey in the car without heat, the platntiff becane uncomfortably cold. That notwithstanding the fact that the said car was equipped whkhh steves and steam pipes for the purpose of supplying heat, the @efendant's agents, despite the protestations of passengers, allowed the gar to remain without heat, and carried the plaintiff thus from ieblie, <n SRY CaN “te"Charlotte, "North Carolina, — a, journey of more ian Wenty ee hours, That during this tine, despite the exercise of every care by the . plaintiff, he suffered much from the cold, and was chilled; and in+ *. mediately on arriving at his home in Mooresville, North Carolina, to wit, oe é on the night of the very day on which the journey in the said cold car was completed, was taken very ill because of the hereinbefore mentioned exposure, so that he suffered much physical pain and mental anguish, and was for a very long time made unable to follow his wonted pursuits ; ef business; and furthermore was put to great expense for medical services and attention, 4. That-the. said injury was caused, without fault on the part of the Plaintiff, by the negligence of the defendant company, in that the said defendant failed to heat its cars in cold weather so as to keep them comfortable and not dangerous to the health of its passengers. Se That it as the duty of the defendant carrier to provide for the safety and health of its passengers as far as human care and foresight will gos; and having failed therein, the defendant has injured the plaintiff in the sum of Fifteen Hundred Dollars. WHEREFORE, The plaintiff? prays judgment against the defendant in the sum of Fifteen Hundred Dollars, and the cost of this action to be taxed by the Clerk, together with such other and further relief as to the Court may seem meet. : eeeeneeeseeee ttorney for Plaintiff. S. A. Lowrance, being duly sworn, deposes and says that he has read the foregoing complaint, and that the facts set forth therein are true of his own knowledge, except such as are stated on information and belief, and as to those, he believes them to be a, bd Se ah SMwreHe...Plaintiff. Sworn and subscribed to before me, thig/ day FT Zi Cre. NORTH CAROLINA # IN THE SUPERIOR COURT. IREDELL COUNTY # JANUARY TER*, 1909. 8.A. Lowrance * ~vs~ | ANSWER, Southern Railvay Company. ‘ The defendant answers the Complaint @ seys’ -First- t = That it is a corporation, duly and pede als created, organized and existing under, and by virtue of, the laws of the State of Virginia, was, and is engaged in the transportation of passengers and the operation of trains for hire in the State of North Carolina and else~ where@e -Secornd= That it has no knowledge or informetion sufficient to form s belief 2s to the truth of the allegations con-=- tained in the second paragraph of the Complaint and there~- fore denies the samée -Third=- That the allegations contained in the third para- graph of the Complaint sre not true and sre deniede -Fourth= | That the allegations contained in the fourth para~ eer of the Gomlaint ars not true and are deniede —_ -Fifth- That the allegations contained in the fifth para~ graph of the Complaint are not true and are denied. And for a further answer and defense to plain- tiff's cause of action, the defendant says, that on or about February 7th, 1908, as one of its trains was operating @ ra & -2= from Atlanta to Charlotte, some passenger on samé train, not known to the conductor or any agent of the defendant » called the attention of the conductor to the fact that the car in which he was riding was not comfortable, and while said car was heated by steam, as other cars were, said conductor requested of the passenger that he go into the front coach, which was perfectly warm, where he would be * comfortable, but said passenger de@lined and refused to do go, but persisted in remaining in the car in which he was when the complaint erineter and if he is the plaintiff in this action and was injured or made sick because of the coldness of said car the same was brought about, by his ow carelessness, negligence and wilfullness, in not going in- to the other coach, as he had the right to do, and as he was requested to do, and he was guilty of contributory negligence in his wilfullness and utter disregard of the request of the conductor of the train to go into another car, where there was sufficient room and comforte And having fully answered the defendant asks that it recover its costs in its behalf expended, and go hence without daye o Attorney for defendente B.A. Cowan being duly sworn says that the fore~ going Rnpwer ts truc of his om knowtcedge, except esto -- matters and things stated therein upon information and this the / wa SUMMONS FOR. RE.LIEF.—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 4-21-'07-1M. ——— County.~--Gn the Superior Court. AGAINST SUMMONS FOR RELIEF. Raidasmay. Co State of North Carolina, To the Sheriff of thrs_dehh. County —-GREETING: Pou are hereby Commanded to Summon ................ seeeeees , to be and appear before the Judge of our Superior Court, at a Court to be held for the County of, VtA@M Ce. at the Court House in on the J oh Monday efter the... £ 71... Monday of......<OA-Z7 1h, the same being the. Qird aay a 190.7, and answer the complaint, a copy of which wittbedeposited 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 th 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. k of Superior Court. Ss? Kh heK agp eronne County. STATE OF NORTH CAROLINA, In the Superior Court. County. AGAINST B OND. We acknowledge ourselves bound wrt... ieee eecccecsccneeecnnseeseunleccnneegconecetmee seesnueeetnsseessuseesnnesennuecesonestnssesaueesesuesesnueces the Defendant.............. in this action, in the sum of........... ...Dollars, to be void, however, if the Plaintiff... es creates shall pay the Defendant............ -all such cost as the Defendant............. may -recover of the Plaintiff ........... in this action. Witness our hands and seals, this................... CEL ie) ee A. D. 190......... ea ee ae vse ences rn voe donee anecse (Seal.) Se ea seen ea ease (Seal.) SE re ep apc coo erage (Seal.)' Maan nena anatase vectra aircon Sesame being sworn says he is worth the sum of two hundred dollars Plaintiffs Attorney. AGAINST LA STATE OF NORTH CAROLINA, County. } In the Superior Court. AGAINST B OND. We acknowledge ourselves bound mt. eeccceccccessseesvesceeccseeeessssssnesensnyuevenseengg ssesseseesserseesesevsnsnusssusessesssessessosusssusseseee the Defendant.............. in this action, in the sum of. cesses Dollars, to be void, however, if the Plaintiff. .. . ec oo shall pay the Defendant............ -all such cost as the Defendant.............: may recover of the Plaintiff............. in this action. Witness our hands and seals, this... CE he) A. D. 190......... ae ans ee eee rg eats oe rnere ereneeeeee (Seal.) ee evr ERE crepes anemererco ame equva peat (Seal.) Ba ae eee eae tke oes ened eerees rasa eee (Seal.) Fe ee eee eae acer eden deat noes being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this................... CE: 190........ | > | - ' | $ i ~ { < | ts s s a ove \ 4 = ‘. Ay 2 e.. ¢ “e, * seo i Lag v bs be °o 7 . = i Yue i er? ot teeth oe S.CLAY WILLIAMS ATTORNEY AT LAW GREENSBORO,N.C. North Oarolina. ) ) In the Superior Vourt. May Term, Irdehl County. ) S. Ae Lowrance ) vs 3 Tssuos. ) The Southern Railway. Te Was the Plaintiff injured by the negligence of the Defendant as alleged in the Complaint ? Ans.-= 4L2. IT. pid Plaintiff by his om negligence: Contribute to his injury as alleged in the answer ? 4ns.~ III. What amount of damages,if any, is the Plaintiff entitled to recover of the Defendant ? Ané.= 4 ND 2 Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF County--GREETING: ~ SN the Court House in... S*70°OS3e= gO OM... 7, Oo ceeree epee pre ecsnder see caeepe cee Vovereeaace py cersa agile . personally to appear OBE. of Superior Court, at the next Court to be held for our said county at Plaintiff... and North Carolina ) ) Supericr Court. Tredell County ) S. A. Lowrance ; Notice to produce written instmuent.., A ” di v « 4, TO L. C. CALDWELL, ESQ, --ATTORNEY FOR- DEFENDANT: —_~ Take notice that you are ‘requested to produce for the Plaintiff's use at the trial of the ‘above entitled L cause in the Superior Court of Tredell County at the next ensuing term thereof, beginning January 21, 1910, the railroad ticket bought by S. A. Lowranee, the Plaintiff, of the Defendant's agent in Mooresville, North Cardlina, on or about November 5, 1907, and entitling Plaintiff to carriage from Mooresville, N.. OG. to Ban aatoetae Texas) and return 35 AND TAXE FURTHER NOTICE, that unless said ticket is produced at the trial of the above entitled action, the Plaintiff will resort to parol evidence to prove so much of the matter of which said ticket is best evidence as may be material to the Plaintiff's case. Be, lL aaretn for Plaintif4 - eee enon eee e028 e This 10th day of Jarmary, 1910. Werth Carepina. In the Superior Court, May Term, 1910. Iredell County. 8. A. Lewrance 7) ves . | Ne Judgment, . The Southern Railway) This cause coming on to be heard and being aeare befere His ener, Judge J. Orawford Biggs, and a co on the Pleadings and evidencg,and issued as follows having been submitted to the jury and answered as follews: I. Was the Plaintiff injured by the negligence of the Defendant as alleged in the Complaint ? Answer, Yes, II. Did the Plaintiff by his own negligence eontribute te his injury as alleged in the answer ? Answer, Ne. aii What amount of damages, if any, is the Plaintiff entitled te reeover of the Defendant? Answer, $100.00, BUW THEREFORE IT IS ORDERED, ADJUDGED, AND DECREED, That the Plaintiff recover of the Befendant herein the sum of ONE HUNDRED DOLLARS andQjqgat the costs ef this action we taxed against the Defendant, I? IS FURTHER ORDERED, Peg) AND, DECRFRD Dy That “A allowance of 4— dA Fis Oe ce be and the same ba ae is made for each of the two medical experts appearing as witnesses herein, and the said allowances shall be taxed against the defendant as the other cests herein. This day of » @010. Judge Presiding. xz Original Summons, or other original process, including all PRRUAON WEP OER Soecnce ccoecereenss | coteces inte teres ences occ ceeetatcaetennt | Bee ee IN THE SUPERIOR COURT | q(t scacyiphe.c.cq,f-LAL Esse Order for enlarging time of pleading..............00+ sscsssee esssescesseeee County. Interlocutory Orders.............ccccccsecsceee seecceseecsscceeseceeneeesnseecesers Attachment, Order itt:s...:::..-sscess cseces ces’ cccccescnces cecacceeccsnceses eseses BOI | cose oces: |sccesacee|toscentevere: |ocececeee Injunction Order, including Bond and and Justification... ..... MOO | icecsccceses! seeceeses Peeerrretes | seeceenes Order of Arrest MDpoena, CACh DAME................2. seccesencees sesscesccscsescsccssesseece cesses .15 Notifying Solicitor of Removal of Guardian. .. ..........0..cesseessees 1.00 PContinuance...s....sss.ccccsssessesssssssesesesssessssvece cesses ed erecarenneeseneers .80 Caveat to a Will, entering and docketing................-.:scesseeseesees 1.00 Tasuing Commission ..............c0:c000 ccsssssseceessceeesccsceesees cence scceeees EG ll loecceseccorsl cseceeres Ses eee eee Affidavit, including Jurat and Certificate........ ..........csescessserees BE || -cescecessee| esse 26]],0nes ssesss|-ccaseees WOOL rerostcccescestcssresserccesescassecesccsccrersicctcerarercrsreeraarreceerent teatro 25 eaeltoessiess||careeeceseas| coeseazes DMotion, Entry and Record of... ML MO occ 2B Hoeeees. 5, 20.) Secseesteea| sesteteee IN OGIO Sececlaccescrtaserecessesstreterts Rocerentrsvorsectensnseratencettetaetesesteptaneetes Pune) teccersesers 25... Recesicereea |esesee een ! Notice, for each name over one in same paper =O | fSecstacceta1| senses | |treseeeberss | careeesee . Ama paneling Dury -c2cs.scccceccsscescosss_ccecssecce!cacscececceccseee) everese AO: |cececcsceses 40... peereusarei | cosascees Judgment Against Justification of Sureties, except as otherwise provided ............. Judgment final in term time ................c:cs00 sssscsessesssesesssensscccaces Judgment final before Clerk ..............sccsescessessesssacse coeceessescesceeess Judgment in favor of Widow’s Year’s Support.............. so... esse D WMG DAME 2. ccessesasacceccccereessecessee eereccceteecl cccecetrccececeren nes eting ex parte Proceedings ..... .... .....0 ccsessscee socsecessssnseees SUA STONE. cnc cccaccecccsec seccescesasrsrcseccscdsccecent] ceereovenesenné one SoM PSULSIRIIEOOIDG Iccocescacenesaccec ccctest ercrscenesesen ss sretseereeesteee a etr tere DG || pesseeneeeee Arosolecallacceteloceee|accesrces Indexing Judgment...............00 .cccsseeccssssssssssccssvscscasecessescseneres EGO liccccsceoses f QO Maseenaccerslacestreee Filing Papers...................0+ Bease tavencceteenecers} craeeetateterters EO) || cccseseceees 2Q. Secaccetsees| cesseess OGUREC, QCM. core score. cscoreseccscoses cosvesstecczs coscee ececesecessccorceesetes iieeceree |i cecel nceen) |zcceeeeee . eae Transcript of Judgment................... ssccccecessecssssassecesee-eececcesesee BRU ||cccoccaesese seoseeses || ccavectecass| seessoree Pepettion PQ Sberitrs UGUAN EM stevsescrecesuscrecseantessvereeslccerersesretsers \yo seven AE. eevee osesee| :eovvesse Appeal to Supreme Court, including Certificate and Seal.......... 2.00 |]............ scsseseesi| sue secencess| owees) ee Transcript to Supreme Court..........,. copy sheets, each.............. EEO eeeceteres| occcsenstf cceeerstemns| cecseenee County Tax, when Jury impaneled................:c0cccccossses scssssesenes 8.00 ||...... a 2 Seulescersees Referee’s Sheriff... eeeveceee “oe “ } Defendant’s Witnesses. ; “ oi “ “ Leceavsnseesesteesecsoceest set teres! coset ereereeteeemtcetere Li naterrereers estlcopeatessess| setsesee “ “ cere eecsesecsereoosenesseoseepeeoseoosececoeees 20 ceseeescose ecccece [feccocescccesfovecescoel| vecsenecsenl oosencees “ o cores Seceees voseaes “oe “ coves, sess] eevessessnauvousteseseucsteogectseseesdces) Seesceeerees) ceaetes oe o “ sactee Ub eriteclllcisees apunk | oceresetlbastens aseel sainesses —— ——_ a === aaiiaalesccksaeesesepeasiin : Clerk. | ( CIVIL DOCKET. BILL OF COSTS—CIVIL. (As fixed by the Code.) Railroad Records 1910 SUMMONS FOR RELIEP.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N. C. 3-29-"011M Iredell County.-~9n the Superior Court. J, L. Russell, J, F. Bell and T. F, Johnson, Cce—partners trading and doing business under the name and style of P Russell, Bell & Johnson, Plaintiffs, mae | SUMMONS FOR RELIEF. Southern Railway Company and Wm, J, Oliver, Defendants, State of North Carolina, wet 4 To the Sheriff of a Tredely Covsty-“GREETING: or wou are bereby Commanded to Summon ...... Aeuiters Gut iesy Ceuceny amd alld ms — Cc a OMver eee 3 so : ®: co nen : sneenshsnntnervnsrinstnrsavnensniecintlnenren nin sso - the Defendant 8. above named, if .2B®Y..... pefcund within your County, 49 bg and appear before the Judge of our Superior Court, at a Court to be held for the County of ..rededl before on the Pa Monday apeethe TRS... Monday of Marek L908 oe day of 288F=_ 1908 and answer the complaint; .0- copy of which will-be-deposited in the office of the Clerk of the Superior Court for said County, within the first.threa @ays.of said Term, and Jet.suidi DefenduntMs.. take,rlotice it MMMY. fail to apswer tothe paid complaint -withip that time, the plaintiff @....... will apply to the Court for the relief demanded in the complaint, Hereof fail lca, and oft this summons ake due return. 16th J Gam "yt; my hand and seal gent fort ix ee day of SSRMST _.__.__ 190.96 qurte IBIS MUETIL. SY ;7 agi Tg uamreow* ents phe 96 iG 1 7 ft eae ae Eo sree yy. yee b ir? vain Clerk of Superior Court Iredell County. the ee this aegion, inthe sum of ant®.... may recover of the Plaintiff... . . Witpess our hands and:seals, thie - STATE OF NORTH CAROLINA, 00 Ftners *tradin “the risne™ ee Codseggenseesces “edn the Superior Court. \and rae pig sely hanes ~~ BOND. - We acknowledge ourselves bound sHiSba RoC RALAvay Cental andrtnm, J. Olivers. BWO . in this action. aooctacseoosqeepases . Hundred-——--— -. day.of : Dollars, to be void, however, if the -iali such cost as the Defend- « , : ss - PPP IGA. i | A. D. 1908.» being sworn says he is worth the sum of two hundred dollars over . and abqve his debts, liabilities and property exempt from executions. “| e & © - Ae ° a oe eB & ed a “ a0 - be © 5 Zz Russell, Bell & Jehiisen, _Plaingiffs, AGAINST _Southern Rajlway Company and im, J, Oliver, Defendants, { ' { are = * S FOR RELIEF SUMMON Term, 190.8 Iredell of the Superior Court of ....22 SR A2 ow... Returnable to January. County. A ee e wy |] 0: 8: oh 38, nH a9 of sin ae py KO — Ay, lam TL ERLALEA d eS t . summons and de—- {| ~~ y.-6f..same-to... ut ef Southern MoLaughlin.& Nicheleon, and -£t- Statesville, January [6th., January 16th., Ce rol P, Maher, age ba reading this by eee : , Siva rth Received ......... rv } a r SUMIONS FOR RELIEF.—Judge.—Printed and for Sale by Brady, The Printer, Statesville, N.C. verona Iredell County.~-9n the Superior Court. J, L. Russell, J. FP, Bell and T, F, business under the name and style of Russell, Bell & Johnson, Plaintiffs, AGAINST SUMMONS FOR RELIEF. Southern Railway Company and Seeds ea pate esses cae nee apes seneoetyst ie perches 4 1 e@ State of North Carolina, 2 Iredell To the Sheriff Of. oo ssseonsmmennnannnnnnarne County—GREETING : . } Southern Railway? Camnany and iim, J Dou-are Hereby Commanded to Summon cece eee y cocesesueeseeenennee oe seseseneeceenece Po nnnae Oliver ; ’ Or erceveerecccevecsoseseserees So eee eeccccccccccccccccesscccececces occ ccc ccc ees cocccweseccccccces cece coecccceseces cones cc sees cccccccccc ccc eveccsscccscesececes cectoccsoccedescores the Defendant....... above. named, if ........---.-------- be found vite your County, to be and appear before the dud graf q45 ‘Sigprig te ee Court, at & fyurt to be held te eo 2 ake ouse in ae on the “Sanys rode" a a sc pe rauaereacisye eerie OO sername nore the same being the ............... day of and answer the complaint, a copy of which will be deposited - the office of the Chay the Superior Court for said County, within the first three days of said Term, and let said Defendant... take notice if .................---- fail to answer to the said complaint within that time, the plaintif/$..... will apply to the Court for the relief demanded in the Df complaint. : % Hereof fail not, and of this summons mahe due return.) 64), January B. Given under my hand and seal of said Court, this / ( Seal.) ----(Seal.) however, if the ....( Seal.) all such cost as the Defend- A. D. 190... 190... ‘Dollars, to be void, fiw. SRO pay the Defendant........ being sworn says he is worth the sum of two hundred dollars over OY Pasar ce eee se haere st... day of act® a eecee=, in this AGAINST, - Sworn-to and subscribed before me this .......... ge may recover, of the Plaintiff... ~ We acknowledge ourselies t _ Witness our hands and seals, this _... the Defendant in this action, in the Pi s iff ant. met and above his debts, liabilities and property exempt Srom executions. STATE OF NORTH CAROLINA, *ghomsony synurg | *wetap *d °H = OG Irritant DA Tag noone OG 1 ttre DS ATBOS YY ‘Ayano; ae {iepeay 30 UMD Jouledng 31} jo g 061 ‘may Keener %} WqeAGImM ey ~ON "ZJ@ATIO °r “um azoz Adoo Worth Carolina ¥¢ In the Superior Court. Iredell County ¥ January Term 1908, J. L. Russell, J, F, Bell & T. F, Johnson, copartners, trading and doing business under the name and style of ‘Russell, Bell & Johnson, Plaintiffs, | wee Complaint. Southern Railway Company and Wm, J, Oliver, e* * * *&* *&* * & & * Defendants, The plaintiffs, complaining of the defendants, allege:- -First- | That the plaintiffs, J, L, Russell, J. F. Bell and T, F. Jobn- son form and compose a copartnership doing business under the name and. style of Russell, Bell & Johnson, and are and were at the times here- inafter mancioned eneeeed in contracting for and building and oon— structing trestles, bridges, tracks and other construction work for railroads and others, | —Second— That the defendant the Southern Railway Company is a corpor- ation created and existing under the laws of the State of Virginia and doing business in this State, in South Carolina and elsewhere, and . is and was at the times hereinafter mentioned the owner and in control of certain railroad tracks, right of way, road beds, trestles and. other construction work at or near Ware Shoals in the State of South Carolina, perth -Third- ; That the defendant Wm. J, Oliver is a natural person residing in the State of Tennessee, and was at the times hereinafter alleged and is now engeged ausziz in the business of doing construction work... for the Southern Railway Company, under contract with it, and executing — the said work through and by bis subdeontractors the asia Russell, Beli & Johnson, the. plaintiffs in this action, Sa ee eS yi » “ \ r * ay) ee . 4 a . Cae Me s at. ue ‘ ea a hy. uae 3 ' Ae oY er ‘nt ae Ze | -Fourth- That during the year 1906, the said Russell, Bell & Johnson built and constructed for the defendant the Southern Railway Company at Ware Shosls in the State of South Carolinas, certain railway trestle work, under contract with the defendant Oliver, who had contracted with the defendant Southern Railway Company to do said work; that said tres— tle work was completed under said contract and accepted, and the plain-" tiffe have been paid therefor through the said Oliver; that while at Ware Shoals and before leaving there after doing said trestle work, the said Russell, Bell & Johnson were authorized snd directed by the \ defendant the Southern meaieey Company and for it, to furnish the materilas sila aes tools and build and* ‘construct certain track extension work <4 and other work, not included in the contract between Oliver and the plaintiffs for the trestle work, and as plaintiffs are informed, not inoluied 4a the contract between Oliver and the Southern Railway Com- pany, but which work the plaintiffs wore employed and authorized to do by the Southern Railway Company and for it, upon “Force Account, with the promise and agreement on the part of the Southern Railway Comapny $SePA SPL PIMA FEA LGR RODE ARTO RE GS ERNE work, and in addition thereto to allow and pay the plaintiffs 10 % nommigeions upon the cost of said work when completed, said payment materials and expenses, for said work including 811 labor, toola,and commissions to be made to the plaintiffs by the Southern Railway Company through said Oliver, upon estimates furnished to the amount of the actual cost of said work including 411 labor, tools, ana 10% commissions on the cost of work, of whichcontract and employment the said Oliver had knowledge, and the game was Sgreed and consented to by him; that upon the authority and pastelhg SPRS°UP*ESAAS*ERM*tEs HaPEDRRRE SE SeeetevS Ey Hoe tools, and began, finished and properly completed said work at a cost to the plaintiffs of $¢ 6964.2) ._, and upon which amount the plain~ ; tiffs are entitled to a commission of 10 %, in addition to the cost of said work, That said work has been accepted by the Southersi Raile-:, : way Company, and it now has and has had for a long time time the benef i: of the plaintiffs labor and work and the Outlay of the plaintiffs funds to the amount above set forth, but declines and refuses to pay the aye ie plaintiffs for same. a. , | . at inege eh cy ae . em Me %, ‘ NP A es -Fifth—- That the plaintiffs have received payments on account of said work and commissions through the defendant Oliver to the amount of $5535,00 _. -Sixth- That the defendants the Southern Railway Company and Wm. J. Oliver are indebted to the plaintiffs in the sum of $3025.63 _, eee aaet tan PARIT Eta eT eReOUES PFE? SIP SSRS SUBLET OMe! that the plaintiffs are informed that the Southern Railway Company has never settled with the defendant Oliver for the amount due the plaintiffs for said work and commissions as it agreed to do; that the plaintiffs, before settlement by the Southern Railway Company with said | Oliver gave notice to and made demand upon the Southern Railway Company for the amount of said indebtedness, which was and had all the time been refused the plaintiffs, and the plaintiffs therefore hereby sue . into the said contract between the defendant iver ond the Southern ~~ Railway Company and between the plaintiffs and the Southern Railway | Company, and demand that the defendant the Southern Railway Company | keep and perform its said contract and make settlement with the sata Oliver for the benefit of the plaintiffs and allow and pay the plain« tiffs the balance due them for said work and iain labor and com missions, Wherefore, the plaintiffs demand judgment against the defendants:— (1) That the plaintiffs have judgment against the defendants the Southern Railway Company and Wm, J, Oliver for the. gum of $3025.63, balance due them on said work and for commissions OH sewejwith interest on same from Oct, Ist,, 1906 UNti1 paga, (2) That this cause be referred toMome competent person to take and state an account between the plaintiffs and defendants, and ascertain the amount due the plaintiffs and find the facts and report same together with the findings of fact and conclusions of law to this court as early as practicable after hearing and determining same; | (3) For the costs of the action to be tases " the clerk CJ and for such other and furth Bi Zp ay Aga oper, oi : HV ae A~t 5h me . ' | Ze COL LES hp : ; , d 4 2? » ; rs . te , . . “ a . wine Wt ad iteceht " s i i i ayy, vs s&s J. L. Russell being sowrn says that the foregoing com- pleint is true of his own knowledge, except as to those matters and things therein alleged upon information and belief, and as to those matters and things, he believes it to be tre, Sworn to and subscribed before me a Lf < ae th the day of January51908. 7, NClerk Superior Court. North Carolina i In the Superior Court. Iredell County q January Term, 1908. J.L. Russell, J.F. Bell and T.F. Johnson, copartners, trading and doing business under the firm name and style of Russell, Bell & Johnson , ANSWER. VS. THR SOUTHERN RAILWAY COMPANY& Wm. J. Oliver. Oe EN IN ET I RT AE er OE AE NS MO De NS Pe The defendant, the Southern Railway Company, answers the Complaint in this cause, in its own behalf only, and for answer 8475; - -First- That it has not sufficient knowledge or information to form a belief as to the truth of the allegations contain- ed in the first paragraph of the Complaint. -Second~ Tha: it is a corporation duly and orig&nally created, orsanized and existing under and by virtue of, the laws of the State of Virginia, and was the owner of, and in control of, certain railway tracks, right of way, rosd heds, trestleg and other work, near Ware Shoals, in the State of South Oar- olina. ~Third- _It is truc that Wm. J. Oliver 4s @ natural person; a resicent of the State of Tennessee; that he is a contractor engaged in road constraction, and other labors of like char- acter. ~Fourth~ That during the vear 1906, this defendant entoree into contract with its co-defendant, Wm. J. Oliver, for the construction of trestles, pile driving, laying track, surfac- ing and building otker necessary equipment at or near Ware Shoals, S.C., and has paid said Wm. J. Oliver in ft) there- for, but all other allegations contztined in said paragraph are not true and are donteds ~Fifth- This defendant has no knowledge or informetion relat- ing to any payments received by the pledntitts from its co- fefendant , Wm. J. O+iver. ~Sixth- The defendant, Southern Ratlway Compeny, denies that Jt is indebted to the plaintiffs, or to ssid Wm. J. Oliver, its co-defendant, in my sum whatsoever, and all othe alleg- ations conta ned in said sixth parfgraph are not true and @ se denied. And for further answer, the Southern Railway Company, defeniant, says;- thet in the early part of the year 1906, it entered into contract with its co-defeniynt, Wm. J. Oliver an independent contractor, in a course of incependent occupa- tion, to prosecute and direct the work, use his own methods to accomplishing it, representing the will of his co-defend- ant, the Southern Railway Company, only as to the result of his work, to construct , at Ware Shoals, S.C. trestles, drive piles, lay trackg surfacing, and otter necessary work for the conpletion of the un4-rteking theree And as this defend- ant is informed and believes, the said Wm. J. Oliver con- tracted with the plaintiffs to perform the work necessary to carry Qut the contract between this defendant and the said Wm. J. Oliver, the plaintiffs to receive their pay from the said Wm. J. Oliver, upon estimates furnished the said Wm. Jo Oliver by this defendant; that in pursuance of its contract ad agreements with said Wm. J. Oliver, this defendant fur- nished to the said Wm. J. Oliver, as the work progressed, estimates for framing and ecrecting trestles, of piles and pile driving, amounting to the sum of $3768:10, and in gay- ment therefore, issued its vouchers to said Wm. J. Oliver, which vouchers have teen received and reduced to cash by said Wm. J. Ovaver; that during said time and as a part of its agreement with said Wm. J. Oliver , this defendant fur- nished estimates for what was known as "Force Account", work that is, track laying and surfacing , which "Force Account" amounted to $3753:10 and said sum was paid to said Wm. J. Oliver; that in addition to the trestle building, pile driving, track laying and surfacing, on "Force Account* the defendant, the Souther Railway Company, on November 9th, 1906, issued its voucher to Wy. J. Oliver, for other "Force Account” work done, constructing additional track and building coal shute at Ware Shoals, amountinz +o the sim of $564:44 making the total paid to said Wm. J. Oliver in full, for all work done at Ware Shoals , for this defendant, the gm of $8085:64, which sum the said Wm. J. Oliver has receiv- ed in cash and in full satisfaction and the payment, for all work of every description done at or near Ware Shoals, S.C. for this defendant; that it was contracted and agreed by md between this defendant, Southern Ral lway Company, and said Wm. J. Oliver, that this defendant would furnish to_ said Wm. J. Oliver estimates as the work progressed; pay~ ments for the work were to be made to said Wm. J. Oliver as shown by the estimates s0 made, and it is alleged, that the estimates, or a greater part of them, upon which payments were made to said Wm. J. Oliver were approved as correct, by plaintiffs in this action, and all the payments made to said Wm. J. Oliver are in full for entire contract made up- Meiiciprtersc a. on estimates so furnished . That the defendant, Southern Railway Company, expressly denies that it had any dealings with the plaintiffs in this action, as to the erection of any work at Ware Shoals, S.C. , or that there is due the plaintiffs my sm whatsoever, and it denies its right to recover from this defendant or to have an account stated. And having fully answered, the defendant, the Southern Rail- way Company, asks that it recover its costs in its behalf expended, and go hence without day. LC. Cah duced Counsel for defendanto W.P. Maher being duly sworn says, that he is local agent for the defendant Company at Statesville, N.C. that the foregoing Answer is true to his own knowledge, except as to matters am things stated therein upon information and belief, and as to those he believes it to be trueéo ~0 @ f Sworn to and subscribed before me This _day of , 1908. w North ,arolina q In the Superior Courte Iredell County i January Term,1908. Jd elie Russell, dels Bell & Tus Johnson copartners, trading and doing business under the name and ANSWER. style of Russell, Bell & Johnson ' -VvVs- SOUTHRRN RAIL'VAY COMPANY and Wm. Je Oliver. KRONE ee PETES Joon MEN NO lee pO a eee RAE De Rens el The defendant, Wm. J. Oliver, answers the Complaint in this cause, and for answer sayvs;- -First- That the allegations contained in the first paragraph of the Complaint are not denied. -Second- That the defendant, Southern Railway Company, as he is informed and believes, is a corporation created, organized and existing, under and by virtue of, the laws of the State of Virginia, and is engaged in the transportation of passengers and freight for hire in the States of North Carolina, South Car- Olina and elsewhere, is the owner of, and has control of, rail- road tracks, road beds and right of way, which includes the tracks, trestles and right of way at or near Ware Shoals, in ' the State of South Carolina. -Third- It is admitted that the defendant, Wm. J. Oliver is a natural person, and is a citizen and resident of the State .- ay of Tennessec, but he denies that he is now carrving on con- struction work, through and hy the plaintiff in this action, as sub-contractors, or otherwise. -Fourth- That during the year 1906, this defendant entered into a contract and agreement with his co-defendant, Southern Railway Company, for the construction of trestles, pile driving, | laying track, surfacing and building other necessary equipment at or near Ware Shoals, South Carolina, for the Southern Rail- way Company, and that he has been paid in full therefore; as to the other allegations contained in said fourth paragraph of the Complaint, this defendant has no knowledge or informa- tion sufficient to form a belief, as to the truth thereof, and therefore denics the same, except, that the plaintiff in the action, for all work performed, for this defendant, at, Ware Shoals, South carolina, together with tools, expenses and corm- issions, was to be paid by this defendant, and this defendant avers that all sums due the plaintiff, because of the work perforned, have been fully paid. -Fifth- That the plaintiff received all payments due for work, materials and commissions arising from the work done at Ware Shoals, South Carolina. -Sixth- That the allegations contained in the sixth paragraph of the Complaint are not true and are denied. And for a further answer and defense to the plain- . tiffs' cause of action this defendant says;- That in the year, 1906, he, as an independent con- tractor, in the course of an independent occupation, and in prosecution and direction of his work, was under contract with his co-defendant, Southern Railway Company, for the work done at Ware Shoals, South Carolina, that he sublet his said contract or employed the plaintiff in this action to do and perform work necessary to be doe and performed, at that point; that the plaintiff was paid for all services, materials tools and cormissions as shown oy estimates arreed to and app- roved by the plaintiff in this action, and he avers that accord- ing to said estimates, so furnished, he has paid to the plain- tiff all sums whatever for the work and labor done, materials, tools and commissions, so that there remains nothing whatever due the plaintiff by this defendant; he therefore denies the right of the plaintiff to recover from this defendant or to have an account statede Having fully answered, he asks that he recover his costs in his behalf expended, and go hence without day. Its. (Cole v L C CobSrocce Lt . Counsel for defendante K710Xx Ce 2H wn. 5. Oliver, being duly sworn says, that the fore- ing Answer is true as of his own knowledge, except as to matters and things stated therein upon information and belief, a} O mech and as to those he believes it to be true. Sworn to and subscribed before me North Carolina In the Superior Court Iredell County October Term,1909. Russell ,Bell & Johnson, vs JUDGMENT. Southern Railway Company and W.J. Oliver This case coming on to be heard before his Honor BAP. Long, Judge, at this term of the Court, upon the Report of Hon. W.Ds Turner, Referee in seid cause, and it appesring to the Court that said Referee has found that the defendant, the Southern Railway Company, is not indevted to the plaintiffs in this action in any sum whatsoever, and it further appearing that no Exceptions have been filed to said Report of said Referee in any way effecting the rigitts of the defendant, the Southern Railway Company; It is, therefore, considered and adjudged that the plaintiff recover nothing in this action against the Southern Railway Company, and that it recover its cost in its behalf ex- pended, and go hence without day. Judge Presiding. Cn North Carolina, | 4 In the Superior Court, Iredell County. F November Term, 1909. Tre J. L. Russell, J. F. Bell & T. F. Johnson, co-partners, trading and doing business under the name and style of Russell, Bell & Johnson, vos Plaintiffs, = Sr Report of ~ SF vs tF Referee, Southern Railway Company and ‘im. J. O1li- " ver, Defendants. Fi =i fo the Honorable Superior Court of Iredell County, Niorth Carolina: In obedience to the order of the Court made in the above entitled cause at January Term, 1909, the undersigned Referee proceeded to take the evidence and hear the cause, at the time and place mentioned in the record, and begs to submit the following report of the Account taken and stated, findings of fact and conclusions of law, FINDINGS OF FACT. | First: - That the defendant, ¥. J. Olliver, is a genoral railroad contractor, and as such contracted with the defend- ant, the Southern Railway Company, to construct its track, ex- cavate for foundations, cribs and fill the same with rock, build a coal shute, and do some pile driving for trestle purposes and other work incident thereto, at Ware Shoals, S. C.; and that the Southern Railway Co. contracted to com- pensate the said Olliver for said work by paying him the actual cost thereof and all expenses incident thereto, and in addition thereto 15% of the total cost of said work on what is known as "Force Account". Second:—- That VW. J. Olliver sub-let said work to the plain- tiffs, Russell, Bell & Johnson, who contracted and agreed with the said Olliver to do said work upon the same terms and conditions existing between the said Olliver and the South- ern Railway Co., as set forth in the first finding of fact, ray except the plaintiff firm was to receive as compensation the actual cost to them of doing said work, with 10% thereof added. @hird:- That the plaintiff firm during the months of March, April, May, June, July, August and September of the year 1906, engaged a force of hands unon said work in constructing | the track of seid railroad company, excavating for fquniationg, building cribs, filling the same with rock, hauling lumber, . loading and unloading the same, driving piles for trestle , purposes, building coal shutes, and furnishing some of the ~ material incident to the work aforesaid, in Bccordance wich the terms and conditions of the contract, under the super- vision of the engineers of the Southern Bed lway Co., and dur- ing September, 1906, finished the same, which work was ac= cepted by the defendant, Southern Railway Co, Fourth:- That the actual cost of said work, ageregathal— $5,413.18, with 10% thereof, $541.31, makes a total of $5,954.49. (See account stated.) Fifth:- That the defendant, ‘. J. Olliver, has paid the plaintiff firm on the work aforesaid, the sum of $5,401.39, leaving a balance due the plaintiff of $553.10, as of the date of the summons in this action, to wit: the 16th day . of January, 1908. Sixth: - I further find that the pile driving used as a foundation for the trestles at Ware Shoals was done by the plaintiffs, and that the same was to be paid for on what is ‘known as the Force Account, the same as the other work, CONCLUSIONS OF LAW. I find as a Conclusion of Law: First:- That the answers of the defendants, W. J. Olliver and the Southern ese er Bes reise no issues of fact or questions in controversy,to be settled by the Referee, and, therefore, I have not stated an account as between them. Second:— I find that the plaintiffs are entitled to judg- A ment against Le Olliver for the sum of $553.10, with in- terest from the Pe total of | dn pantie fim Wp} dh ee; Third:- I find that the plaintiffs are entitled to recover 6 day of January, 1908, 59.46 making $e1ez.66 due © nothing against the defendant, the Southern Railway Co. It has been with some difficulty that I have reached a conclusion about this matter for the reason that the plaintiffs were engaged in similiar work at different points about the same time, and also worked by contract in the erection of the trestle, the evidence not separating this other work and the payments therefor from the work at Ware Shoals, and on this account it has been difficult to ascertain the exact amount due. The evidence is type-written and is transmitted with this, my report, together with my rulings upon such ex- ceptions as were taken to the evidence. The evidence, ex- hibits, findings of fact above set forth, the conclusions of law thereon, as herein stated, together with the account hereto attached, are asked to be taken as the report of the Referee. DEG rar Referee, This the 3. day of Cet, » 1909, .. Exhibit. - Exhibit. Exhibit Exhibit Exhibit Exhibit W. J, Olliver, in account with _Ruseell, Bell & Johnson, for work done at ‘are Shoals, S. C. CHARGES: ‘Force Account on Track Work, etc., Excavating for foundations, build- ing cribs, filling same, etc., Hauling lumber, loading and unload- ing, etc., Waterial, Shop Work, Dynamite, etc., Pile Driving Account, 10% Gredited by payments aggregating With interest from date of Summons, Se4e0.21 495.75 V 105.15 VY 270.90 W 109.80 1011.37 $5413.18 641.31 35954,49 6401.39 3553.10° 59.46 ~612.56 a_ L5 Sain Dp ie Creuse her..hace dD abyice ty qh | | | aay i AK PRO - , - r North Carolina In the Superior Court Iredell County May Term,1910. Russell,Bell & Johnson ,Plaintiffs } =VSe JUDGMENT. ! Southern Railway Company, and | | W.J. Oliver, Defendants This cause coming on to be heard at this term of the Court before His Honor J. Crawford Biggs, upon the Report of the Referee heretofore filed, and it appearing to the Source that said Referee discharged the defendant the Southern Railway Com- pany from any and all liability: It is ,therefore, considered and adjudged by the Court that the Southern Railway Company, the defendant,go without day, and recover its cost in its behalf expended. Judge Presiding. oe LE CT ancl. i A Oil Eh Spe ip ONAN Le tt tia ELITE ad ey A je ITD te 2 Railroad Records 1910 SUMMONS FOR RELIEF.—Judge.—Printed by Crowson Bros., Printers, Statesville, N. C. __County.--In the Superior Court. SUMMONS FOR RELIEF. a State of North Carolina, To the See ee eee You are Hereby een to wren Se ace cr - v * the defendant__above named, if fe found within "Z County, to be and appear before the Judge of our Superior Court, at a Court to be held for the County of__ 2. Aeectbnicher yyy, ao unn ee at the Court House in irtin athe _on the Fé = a -Monday after the...7.7_-______ Monday of Sep laches —_19Q9 , 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_ <7 __. fail to answer to the said complaint within that time, the plaintiff__ will apply to the Court for the relief demanded in the complaint. Cokphir -...--19.9 Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, tis_.2-.2- Sm of t____all such ' { ‘ ' ' ' ' ' ' 5 ' ‘ ' ' ' ‘ ' ’ ' ...._...-Dollars, to be void, o a ® 8 >. rf 3 j : : og ; & 2 : 7 Pog NMa Paper a 0 NO & VeD ® s r i ge = Joe ae Y-- pesooy ; f Te , ae 66 { = — WW 4 2 eB a a * | é oh ge BS RX } Ramppar gees so en sound 09 30 £ 3 ig (38 a — WaT ~~ 7-7 nee -z “7 Of ETQBUINy} sit. pigs x ) BOR al SEY renee eo 1h gf be oy pitts a8 | “3aITIY YOr SNOWWNS : ey “S of Be P + 5 S g ON SG = 3 Sy oes = s 3 BY ue a ' ' eC: a Ms Oy t 53a? 32 z\ & } Zines Zs ~ i Fe 33 2 @ & m. *, ' § g 5A 2 3 3 SW ' gs Ene 8 Ss ¢ cE oy sets 3 9 < SS! FQAsades do . IN 233 5 te — re Glaim.and Delivery.—Printed and-forsale by Brady, the Prinfer, Statesville, N. C. 4-13-’09-1000, NORTH ar a en a Shean nated edlaclastesa scanodecarveos a ‘ xsi pgs a oc Sad esi Bsoceemecicvisén ex cnacnnpvnnciciussi Hhecasenslivecsesicnnetica inca Pic hignemnsnvy tech vastncdciendsoeysedvtvece , the Plaintiff... above named, being ‘duly sworn say ...... 2: "Teh Mee B iyamediate possession of the following de- scribed property, to-wit... Lf ccc cececceessteccsceecccescceeeececsneeeeneeccneecnneecnseffccseNcocessussssuessnesssnmecenneesnsessonssensesensseesesessesoueseneeennecenseeeute 2. That the propgrty js wrongfully claimed by. fiancee eeeceeeceee eee eecee eee S eee eee 3. That the all ged cae of detention thereof, accorging to th.......... s........\deponent........... best knowledge, Peformimeicns atid Welied, 16 We EON CWB ce csscscaccccccseccccesscsssey ee even carn cance en dseacoedien tren decnknts odectseecbn can nesters thcieveg ttn 5 of: ~waelud of said property iS foe eee cece ec ec ecceceeeceeeeeeeeneee Npeceeceneceeneeeseenenceneees Dollars. 6. ‘Phat the said Plainti jn this Court against NORTH CAROLINA, County. RBQUISITION. other Lawful Officer of. GREETING: For causes stated in®he foregoing affidavit of me (lO vocsssseey YOU are required to take from the Defendant, ..... therein naméd the property described 4n aforesaid Affidavit and deliver the same to Plaintift..... iP ad when.. ce . Defendant...... . Kacseng C Nherrnrisan rm Wrrenexmer Affidavit aA en made by, the Plaintiff...in the action, that the Defendan delivery thereof in accordance With the Statute made in such case and provided. NOW, THEREFORE, in consideration of the taking of said property by the Sheriff or other lawful County by virtue of said Affidavit and requisition thereto en the ersigned,do hereby undertake and become bound to said Defendant of this action, by the plainti fA Ie A Pt ee County, against the Defendant and iors any Srongtal detention of said property and for the return of same to said Defendant.......and for any costs and damages said Defendant... may sustain by reason of this process Signed, sealed and approvedhefore ime this (SEAL,) besbnccneensee Ld. day oO hae L.) < asd (SEAL,) “Fy poasas 919099 0° 9 9099,0° “AUSATTAC CNV WIV 9qi North Varolina, In the Superior Court. Iredell County. § é co's Vie we A¥VIDAVIT. Souther iailway Company. Kugene tlorrison, being duly sworn, says, ‘irst. That the plaintiff in the above entitled action, towit: | : re Co. \: » is now the ownor of and is lawfully entitled to the possession of the following property, towit: 400 saci:s of sa\lt shipped by the Ohio Sakilt Company, of Akron, Ohio, and now in ### C.A. @ C. car, No. 4301, said car boing in the yard f the ae Railway Company.at Statesville, N. Ce, Bok Ce flsini fachiry "Caden, RA wt Second. That said property is wrogfully detained by the said Southern Rallway Jonnany, defendant. Third. That the alleged cause of detention thereof according to this deperia@ng 's best knowledge, information and bolief is as follows: That the said Southern Railway Company demands from the plaintiff a - nun, the same being demurrage charges and the sand defendant refuses . 2 oe nanypatl car until LEE. arg paid, deed gerd charge hen _ Fourth,.That said property has not been taken for tax, assessment, or fine pursuant 60! a Statute, or seized under an execution or attachment against the property of the plaintiff. | Fifth, That the actual value of said property is “184.00. Sixth. That the said plaintiff has commenced the apoio Chit led action in this court against said defendant for the recovery _of-sbigh.i- property, the summons ‘.n said action being beret p ariaonen: Seventh. That there is due on said shipment of sakit to the de» fondant as freight the sum of 118.00, which amount the plaintiff has tendered to the defendant, together with bil] of lading for said car lead of ealit, and dewatMed:sedfl property, and the defendant failed and refused, to comply with said demand. The plaintiff stands ready and willing at all times to pay said amount due as freight to the defendant, Pir Sd . ; i the Southern Railway Co., upon the delivery by it of the propert d i 1 ke y escribed in ragra ne : . pe tne BGR Oper Le and @ Ke : Eighth. That the plaintiff is gt a corporation and that the said ougene Morrison is an officer of sane, towit; secretary and Treasugrer, and is authorized and empowered p its behalf to. make Gh. ?)? € this arfidavit. Sworn to and subscribed before me, this the ®2nd day of October, 1999, LL oy a North Carolina, i In the Superior Court, Iredell County. # as of Vovember Term, 1907. J. K. Morrison & Sons Company,# a corporation, , vs 7 COMPLAINT, Southern Railway Company, a # corporation. # The plaintiff, complaining of the defendant, alleges and says; First:- That the plaintiff? is a corporation duly organised and existing under and by virtue of the Laws of the State of North Carolina, and doing business and having its nreeeicay of- fices in the City of Statesville, North Carolina. Second:- That the defendant is a corporation duly organized and existing under and by virtue of the laws of the State of Virginia, with lines of railroad running into the City of Statesville, I}. C., and having a depot and freight yards and agents in said city, and is engaged in the business of carry- ing freight for hire. | Third:- That on or about the 22nd day of October, 1909, the pleintiff was the owner and lawfully entitled to the possession of the following personal property, to wit: 400 bags of salt shipped by the Ohio Salt Co., of Akron, 0., and located at that time in C. A. & C. car #4301, said car being in the yard of the Southern Railway Co., at Statesville, Ul. C., and said property being in the possession of said defendant for the purpose of delivering the same to the consignee of the Ohio Salt Co. Fourth:- + the plaintiff held the bill of lad for id ‘ dele le phan 5 Byte (pA Chandan? oe Ke weet Le . , aab lig salt, which bill of lading, is attached hereto, marked Exhibit "aA", and made a part of this complaint. FPifth:- That there was due to the defendant upon said salt as freight charges the sum of $118.00, which amount plaintiff tendered to the defendant, together with the bill of lading a for said salt, and demanded said property but the defendant failed and refused to comply with said demand, and demanded a further sum as demurrage charges upon said salt, Which said sum was wrongfully demanded as plaintiff is informed and be- lieves. Sixth:- That the plaintiff thereupon caused to be made the proper affidavit, and procured from this Court an order for the seizure of said property by the Sheriff in claim and de- livery proceedings, depositing with the Clerk of the Court at the same time for the use and benefit of the defendant the a- mount due the defendant as freight charges, to wit: the sum of $118.00, and reference is hereby made to the papers in seid claim and delivery proceeding, and they are hereby asked to be made a part of this complaint in the same manner as if they hed been fully set forth herein: WHEREFORE, the plaintiff demands judgment: First:- That it be declared the owner and entitled to the possession of said 490 bars of salt; Second:- For the costs of this action, Sh nbees Attorney for the Plaintiff. North Carolina, Iredell County: Eugene Morrison, being duly sworn, deposes and says: that he is an officer of the J. K. liorrison & Sons Co., to | wit: its secretary and treasurer; that he has read the forego- ing complaint; that the same is true of his own knowledge, ex- cept as to the matters and things therein stated on information and belief, and as to them he believes it to be true. Sworn to and gsubscribe this the J ay of 3 é Uniform Bil of Lading~Standard form of Straight Bill of Lading approved by the Interstate Commerce Commission by Order No. 787 of June 27, 1908. Railroad Company. Shippers No. STRAIGHT BILL OF LADING--ORIGINAL--NOT NEGOTIABLE. Agents No. AKGow. OR Bill of Lading, ot RePEBOV:10, = 19, From THE OHIO SALT 60., “cwgrewe 2 described below, in order, except as noted (contents and condition of contents of pack Ke: » ‘ked, consigned an as indicated below, Oe as to carry.to its usual place Y al dane een at said destination, if on i rca ahieraion tc deliver to poe ong ham nog cte Rectalto said destination. It 4 Tes toumaly a ‘as to each carrier ae all or aay vet iperty over lac tar an a said route to destination, as to each party at any time interested in all or any of said property, that ev to be hereunder shall be conditions, whether printed or written, herein contained Ginchadin ae conditions on back hereof) and which are agreed to by the shipper and Senet is cee his assigns. Se The Rate of Freight S$€ OER cccccereccnpnccquavccetes cosvuriece vcoceascoessccescerecoveuee sees: csscent® on is tn Cents per 100 Lbe € ‘Specte / : 255 gue y . W..Times 1st [14 fst Clase | 1#2a Glass | 11 Role 25 | 1734 Glass | If Relo26 | If Rale28 | Uf 4th Clase | Jf 5th class | 11 6th Gloss i ceili es Lidia wn a, . [Mail Address—Not for purposes of Delivery.] Consigned to. ——_—_-The-Ohie—sai+—e Destinationyse-of ec so Meee a Vi * fia’. of. NO county of 4301 . ___ Citie : Car Mitial hema eonat cree eestor . r WEIGHT CLASS prepa ‘id, write ol Description of Articles Sub, to Correction] _ RATE Yi] COLUMN] of joing — Prepaid.”* . ; - . ; . 400 | Bois. Salt... eee it pennet......| Sacks «4 Received $..sccsssscsssessesssseeesseecs j to apply in prepayment of the charges on the property described pices. | CASO << hereon. ( b Sruclnectanee ssonseue Bulk “ Agent or Cashier. 7A “chs dasa hss Ge only the amount prepaid. ] Charges Advanced: Soseteetbiee toate Peeters 8. emcromre Breen (P or A — THE OHIO SALT CO., Shipper, Per_——____ — ah < gent, Per OFFICE, WADSWORTH, OWIO. This Bill of Lading is to be signed by shipper and agent of the carrier issuing same . CGONDITIONS FORE AUTHORIZED. 1908 herein ——e oka) enased hy the act of God, r act en dafealt of the A mces fn th his af ; ex other — ‘taral Rage ec disarepancies In r by Sie cogurring after forty-eight hours laxclustve the arrival of the preporty at destination or at export) bas been doly sent or given, the carrier's in case of nogligenes of the Prove freedom trom such negli- io possession), the carrier or party in pos- , or delay occurring while the property is stopped and held in transit upon of the shipper, owner, or party entitied to make such Teqnees? or resulfing, a defect or vice in the property or from riots or efrikcs. hen in accordance with general custom, on account of the natare of the property, or when at the request of the shipper the property js in open cars, the carrior or party in possession (except in case of loss or damage by fire, in which case the liability shal) be the same-as_ the property had boen carried in closed cars) shal! be liable ouly for negligence, and the burden to prove froedom from such negligence shall be on the carrier or party Is se ae In issuing this bill of lading this company agrees to transport over its own linc, and excep’ herwise provided by law acts only as route. j tas of § with r Te owe on the carrier or not be liable for loss, ‘espect te the peetine ef -the a 5 sheli-be liable for loss, damage, or imjcry notacchra: or ite portion of tho through route, nor after sald property has been deli the mert carrier, exccpt as such liab{lity is or may bo imposed by Inw, but nothigg eontainc: in this bitl of lading shall be deemed to exempt the initial car- “iene such liability so imposed. ; oa .8. Na carrier is bound to transport said property by any particular train Gr Wessel, Or in time for any particular marketor otherwise than with rea- sonable dispatch, antess by specific agresment indorsed hereon. Every carrier shall havo the rig}t in case cf physical necossity to forward said property by any railroad or route between the puint of shipinent and the point cf destination; butif such diversion shall be from a rail to a water route the liability of the carrier shall be the same as though the entire carriage were by rail. The amount of any loss or damage for which any carrier is linble sha!l be com- rited @m the basis of tlie valuo of the property (being the bona-fide invoice price, i any, to the consignee, including the freight.charges, if prepaid) at the place and time of shipment under this bill of lading, anless a lower value has been re- ‘esented in writing by the shipper or has been agreed apon or is determined by fhe @lassification or tariffs upon which the rate is based, in any of which events such lower value shall be the maximum amonnt te govern such computation, whether er not such loss o- damago ocetrs frem negligence. Claime for !oss, damage or dclay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the pro) or, in case of failure to make delivery, then within four months after a r time for delivery has elapsed. WUniess claims are so made the carrier shall not be liable. Any carrier or pai erty shall have tho full benefit of any insurance that may have been effected upon rt om account of said property, se far os this shall not avoid the poligies or eon- tracts of insurance. Sec. 4. All property shall be subject to mecesssry cooperage and baling at seost. Exch carrier over whose route cottyn ts to be trans hereunder Hable on account of loss of or damage to any of said prop- (thon cr umeratdabla dais ys be thateruetiveres aa’ respeot to ownership, and if sp delivered charges in addition to sil other ebarges hereunder. Sec. 5. . Property not removed ..b; F forty-cight hours (axclusive of legal uly sent or given may be kept in ear, or warehouse, subject to a reasonsble bility as warehouseman only, or may be, at store’ ina publi¢ or licensed at the owner's risk and ‘vithout liability on the part of the carri for all freicht and other lawful charges, inclading a reason: carric: niay make @ reasonable charge for ok use yar after the car has —- held olidass,) for. loding-or noloading, and may au charges hereunder and hold such property subject to # Hen ‘th this section shall be constraed as Jessening the time Allowed by same any local rule affecting car service or storage. - Property. destined to or taken from. station, wharf, or landing et {s mo regularly appointed agent shall be entirely at the risk of owner loaded from cars or vessels or unti] loaded inte cars or vessels, and “so from e¢ delivered on private or other sidings, wharves, or jen — 's risk until the-cars. aro- attached .to-and after.they are rains, Sec. 6. Wo carrier will-carry or be liable in any way for any docu: , Or for any articles of extracrdinary vaice put specifical.y rated in the r classification or tariffs; uniess 9 special agreement-todo-so and a % va! of the articles are indorsed hereon. ce. Every party, whether P fapierens goods, without previous full written disclosure to the carrier of , shall be ifablé for all loss or damage caused thereby, and eueb yoods ec be @) owner's risk and expeuse or destroyed without compensation. - 8. The owner or consignee shall pay the freight and all other lewig§ es accruing on said property, and, if reqnired, shall pay the same are net paid upea rincipal or agent, shipping explost cha: delivery. If upon inspection It is ascertained that tho articles shi fm this bill of lading, the freight charges must ariigles actually shipped. Sec. 9. Except im case of diversion from rail to water route, which ts vided for in Section 8 hereof, if all or any part of said peopery is carried by wiles over any part of said route, such water carriage shall be p: rmed subject to the bilities, liunitations, and exemptions provided by statute and-to the oosiditions eem- tained in this bill of lading not inconsistent with such statute or this wabjoct also to the condition that no carrier or party ia possession shall be any loss or damage resulting from the perils of the lakes, sea, or. other waters; frome explosion, bursting of boilers, breakage of shafts, or any latent difest in mechinery, er appurtensnces; or from collision, stranding, or other aceldents mavi ion, or from prolongation of the voyage. And any vessel easvying ell of the property herein described shall have the Mberty to call ad ports, to tew and be towed, and assist vessels in distress, and te ée Purpose of mving life or property. Yhe term ‘' water carriage '’ in this section shall not be construed as ghterage aeross rivers or ‘tn lake or other harbors, and the lightorage shall be governed by the other sestions of this instrament Sec. 10. Any alteration, addition, or erasure in this bill of abnll be made without an .indorsemext therocf hareon, signed by. the carcier issuing this bill ef lading, shall be withont and this shat enforceable according te tt original tence. . Bait iges ae prin , ab ity own cost and risk, of ressing tho same for greater ng oF ng, aud shall met be held recspunsibledar devi- North Carolina In the Superior Court Iredel} County November Term,1909, J.K. Morrison & Sons Co., a Corporation, | vs ANSWER, Southern Railway Company, a: Corporatione The defendant answers the complaint and for answer says? -=<First-= That the allegations in the first paragraph of the Complaint are truee --Second= That the deft ndant is a corporation duly organized and existing under , and by wirtue of the laws of the State of Virginia, and operating lines of railroads, one of which runs into Statesville, North Carolina, where it has a depot and yards, and is engaged in the business of carrying freight and passengers for hire. o -Third== That, the allegations contained in the third paragraph of the Complaint are not true and are deniede --Fourth== It is true thet the plaintiff held the bill of lading for said car load of salt, but it denies thet any agent of the defendant Company had said bill of lading, until many days after the erriqe} of said car load of salt. --Fifth-= It is true that the plaintiff in the action owed as freight, charges, One Hundred Fighteen Dollars ($118.00), and that plaintiff 2 tendered the said One Hundred Eighteen Dollars (#118.00), for the delivery of said car, and that delivery was refused ,but it denies the demurrage charges, which had accrued upon said car were wrongfully demanded. --Sixth-= The defendant denies that the plaintiff deposited with the Clerk of the Court the amount that was due the defendant at the time of the issuing of the Claim and Delivery Proceedings, but persistently declined to pay certain charges, which then and there were due by it to the defendant. And for a further answer and defennse to plaintiff's cause of ®, action, the defendant says? be ~ First-= That, it is informed and telieves the Ohio Salt Company, freighted a car load of salt to Statesville, N.C., consigned to itself, without notice to the defendant, to whom said car load of salt should be delivered , or wno was in possession of the Bill of Lading; that mo bill of lsding wes presented to the defendant for seid car of salt, or knowledge given to the aarendant that the bill o of lading was in the possession of the plaintiff or any one else, although it is now informed and believes that the plaintiff in the action had said bill of lading in its possession, and had the same meny days prior to the arrival at Statcsville, of said car load of salt, and alleges that the plaintiff failed to ate known to the defendant that it held the bill of lading for said salt. That within the legal time after the arrival of the car load of salt, the aefendant through one of its agents made known to the Agent of the plaintiff at ite ware-house, upon one of the tracks of the defendant, where plaintiff was accustomed to receive tts freight, that a 3 car load of salt was upon its track, without information to the defendant as to whose it was, and he made inquiry of said agent, who was the manager of the warehouse for the plaintiff, upon said track at the station, relative to the bill of lading for said salt, but said Agent of the plaintiff failed to give the defendent notice, or a2e= to notify it that said car load of salt was consigned to the plaintuf had the Bill of Lading therefor; that defendant in its effert to ascertain for whom the -alt was intended, called up the City office of the plaintiff and made inauiry there as to its knowledge of the bill of lading covering said car load of salt, and for the first time it was informed that the bill of lading had been in the Wcassuecon of the plaintiff many days, and thet because of the feilure of the plaintiff, through its agent and otherwise to make known to the defendant or its agents, thet plaintiff held the Bill of Lading, the said car of salt remained upon the tracks of the defencant until: dermrrage accrued, which demurrage the plaintiff declined to pay, elthouch it hed in its possession the bill of lading, when the car of salt first arrived at its destination in Statesville, and the defendant denies that it is due the plaintiff any sum whatsoever, but demands that it recover of the plaintiff the amount of the demurrage due upon said car, together with the cost of the action, and for such other and further relief as may be just and right. And for a further answer to plaintiff's cause of action, the defendant says: That as a condition precedent to the receipt and carriage of said ES eeradentmonte to wit, said car load of salt, it was agreed by and between the consignor and the carrier that " The carrier may make a reasonable charge for the detention of eny vessel or car, or for the use of tracks after the car has been held forty eight hours ( exclusive of leral holidays), for loading er unloeding, and may add such charges to all other charges hereunder and hold such property subject to a lien therefor." " That the owner or con= signee shall pay the freight and 211 other lawful charges accruing on said property, and if required, shall pay the same before deliverf Toe defendant avers that the plaintiff failed to pay the freight and all other lawful charges accruing on said property ,and declined aZea to pay the same, and that the demurrage charges for which said property was held accrued on said car, after forty eight hours, after arrival of said car, and the defendant pleads said limitations as a defense to plaintiff's cause of action. And heving fully answered, it ask that it recover One Hundred Eighteen Dollars, amount of =s eters charges, with interest thereon, together with Oras ion nan, the amount of the demurrage accruing against the car, with interest ‘on same, and the cost of the action to be taxed ty the Clerk of the Court, and such other’ and further relief,.as may be just and right.. . Counce for befendant. BeAe Cowan, being duly sworn, ssys, that he is Local Agent of the Defenc sant Company at Statesville ,N.C., that he has read the foregoing Answer, and thet the sarie is true as of his own knowledge Bxcept as to matters and things stated therein upon information North Carolina ] Superior Court Iredell County. ] May rerm 1910. J-K.Morrison & Sons Co., NOTICE TO DEFENDANT TO PRO) v8. ‘ DUCE CERTAIN RULES AND REG= Southern Railway Co., . LATIONS AS TO FREIGHT. The DEBENDANT ABOVE NAMED WILL TAKE NOTICE: That it is required to produce and have at the trial of the above entitled cause ,now pending in the Supe- ice Court of Iredell County N.C. , the rules and requilations in force on or about Oct .22nd 1909 ., relating to and govern~ dng notice to be given consignees of freight shipments” re- -@eived,and demurage charges to be made against said shi p~ ments . Defendant will also take notice that if it failes to produee said rules and regulations parol: evidence will be offered as to said regulations and rules. This June lst 1910. J WA aa torney for DAS ants eee 4 Fe Bs a ee ras pe * : . : Bee: ~ 5 | = ee ” ‘ss a e ta eit Pre neh an ae’ eee oe UP V TF) Bl. “ay aes * aeok ote cg Sorte: Ay Co ne ee en en ae