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HomeMy WebLinkAboutRailroad Records 1912 Railroad Records © 1912 Summons For Relief—Clerk—Printed and for sale by Brady, The Printer, Statesville, N. C. 8-25-10—1000 ok JL) County.-- Gn the Superior Court. eS el \ fCo<t ree | SUMMONS FOR RELIEF. “State of North Carolina, To the Sheriff of S$ arte County—GREE TING: a Won Are hereby Commanded to summon lol rill, Xie bei [CrLrv I a the defendant___above named, if be found within your County, to appear at the office of the Clerk of the Superior Court for the PAO ee. on the J day of Lin, 191_2__ 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. 7 O _days from date of this summons, and ret take notice that if A fail to answer to the said complaint at that time, the plaintiff___will apply for the relief de- manded in the complaint. Hereof fail not, and of this summons make due return. r Given under my hand and seal of said Court, this_2- & day of Mp re. IQI_4_, Clerk Superior Court County. (it <(aer€, } SUMMONS FOR RELIEF. Returnable windy 1D tay intothe— office of the Clerk of the Superior Court of PEM county. Received I9gI__ Served 'Ols. Sheriff___.S——S County. a C lathats. Plaintiff's Attorney. { { North Carolina In the Superior Court Iredell County Before the Clerk. E.R. McAuley vs NOTICE. Statesville Air Line Railgoad Compeny. | To the above named defendant, Stateswille Air Line Railroad Companys You will take notice that the petition of E.R. McAuley, a copy of which is herewith served upon you, will be presented | to the Superior Court of the County of Iredell,-. State of North Caroline, on 13th day of May,1912, at 10 o'clock A.M., at the office of the Clerk of said Court, at the Court House thereof, situated in the City of Statesville, County and State eforesaid, and application will then and there be made that the demands of the petiticner be granted. This 24th day of Apri1,1912. LC Attorney for the Petitioner. North Carolina In the Superior Court Iredell County Before the Clerk. E.R. McAuley vs PETITION. Statesville Air. Line Railroad Company. .: f The petition of the plaintiff ,E.R. McAuley, respectfully shows to the Court: --First-- That he is a citizen and resident of the County’ of Iredell ‘ana State of North Carolina; that he is owner in fee simple, and in possession of the following described tract of land: Beginning at the junction of Jonesville and Turnersburg Road running with the Turnersburg Road North 77 East 22 poles and North 68 East 45 poles to a stone where the Bast Branch crosses the road; thence up the said branch North 11 poles and North 20 East 16 poles to a poplar and North 11 East 15 poles to a smell White Oak on the East side of the Branch in Howard's line; thence North 88 West 44-1/2 poles to Center of Jonesville Road; thence with the Center of said roed South 1 West 101 poles to the beginning. Containing 30-1/2 acres more or less. See Deed of M.G. Morrison and wife —" others, Bool 31, page 549. --Second-- That the Respondent is a corporation duly created, existing under and by virtue of the laws of the State of North Carolina, and is now, ani tes been for months engaged in constructing a rail- road road bed, for the purpose and with the intention of con- ducting and carrying on such business as is authorized by its- Charter, namely, to transport freight and passengers for hire, with the right and privilege of purchasing; holding, leasing, and conveying: property, also,.of acquiring *property -by gift or. «2 devise, as may be necessary for the purposes contemplated in its charter, together with the right of condemnation, which right it has not exercised in locating and constructing its line of railroad over and upon the land of this petitioner; that prior to and within twalve months of the issuing of this process, the respondent entered upon the lands of the petitioner, made a survey, and has constructed its road bed, without having first agreed with the petitioner for the right and privilege of going upon his said land and constructing its road bed thereon. --Third-- That in the construction of its road bed, the respondent entered upon the lands of the petitioner , described in the petition: and has appropriated it to its use a strip of land varying in width of not less than 50 and more than 100 feet, and a distance of 1500 to 2000 feet in length , and has srected fills, excavated cuts, cleared timber and taken sbsolute con- trol of said piece of land, without having first paid the pe- titioner therefor, or having the damage assessed; that said road. bed and right of way over the lands of the petitioner has done him great damage, and will forever be detrimental to the value of his said farm and the conveniences which he has here- tofore enjoyed thereon . | --Fourth-- That the residence and place of business together with its office is Statesville,N.C. That W.D. Turner is President anda D.M. Ausley is Secretary and Treasurer, both of whom have their offices, as such officers at Statesville,N.C. WHEREFORE, your petitioner prays the Court to appognt three disinterested and competent free holders, residents of the County in which the lands are situated to appraise the land appropriated by the respondent and assess the compensation to be paid by the respondent to the petitioner therefor, and for such other and further relief as may be just and right. rena ly oot the Petitioner. E.R. McAuley, being duly sworn says, that the foregoing petition and every part thereof, is true of his knowledge, except matters and things stated therein upon information and belief, and as to those Pe it 0 bre tg | J ‘Sworn to and wot Afat before me this be day of £-<f5-=-- liferthe.. ,21912. th va ayred The Wind mn be ¢ North Garp tine. | In the Superior Court, Iredel, County.) Before the Clerk. E, R. McAuley, -Va- Statesville Air Line Railroad Co. The defendant answering the petition of the plaintiff alleges and says:- . *First- That it presumes allegation first to be true. -Second- .. That in answer to allegations contained in paragraph second the defendant admits the game, and alleges further that in the construction of its road bed across the lands of the plaintiff it did so without objection on the part of the plain- tiff. «-Third- In answer to allegations contained in the third paragraph it denies the same as therein set forth, and alleges that in: the construction of its road bed across.the lands of the plaintiff it used only about 80 feet width or ferty feet on each side from the center of its track, which amount the defendant claims is necessary for the proper construction and maintenance of its road bed, and it especially denies that great damage has resulted to the plaintiff by reason of the construction of its road bed aforesaid, or that it will be detrimental to the valuerof said farn. -Fourth- It admits allegation fourth. And further answering, the defendant says that the plaintiff has not suffered damage by reason of the construction of road bed across his lands, but the same will prove 6 con- venience anj add materially to the value of the land in excess of any damages that he may have suffered by reason ef the con~ struction of said railroad, WHEREFORE, it prays that it so without day and recover its costs. Attorney for Defendant. pe yyp y) IQ") yb, he: aN Tomy 4 1h LW aIt4 Y : - 9 2 fay Borth Carolina 3 In the Superior Court _ Yredell County a ~ Before the Clerk. Te E.R. McAuley, vs Statesville Air Line Railway Co. } It appearing. to the Court that on the 24th dey of April,1912, the pleintiff duly filed his petition, asking that three diesinter- ested and competent free holders, residents of the County in which the land described in the petition are situated, be appointed to appraise the land appropriated by the a@efendant Statesville Air Line Railway Company, and assess the compensation to be paid by said road, and for such other relief as is just and right. : The defendant, or respondent having duly filed its answer, and it further appearing that it is necessary to appoint com missioners, it is therefore ordered by the Court, by and with the consent of the petitioner and the respondent that J.0.. Gaither, N.A. Lewis, W.M. Ramsey, D.L. Webb, and Chalmers Knox, ~*- be, and they are, hereby appointed commissioners to appraise the land appropriated by the respondent to its use. After being duly sworn according to law, the said appraisers are hereby ordered to go upon the lands described in the petition and assess whatever damages in their gudgment, if any, they may decide the petitioner is entitled to by reason of the appropria- tion of the land of the petitioner by the respondent. Said appraisers are hereby notified and ordered to meet upon the lands in Bethany Township, at Five Mile Branch, on August 20th 1912, at noon, of gaia day, to carry out the provisions of tis ~~~ order, and after their said agreement shall have been made, the same to be reduced to writing under their hand and seals, and returned to this offige. = | The Sheriff of Iredell County, is hereby ordered to serve a copy of this order upon each of the above named appraisers. er 6 Superior Court. This the 7th day of August,1912. North Carolina Iredell County E.R. McAdley,Plaintiff, onVG—— REPORT OF COMMIS= S¥atesville Air Line Railroad Company, SIONERS. Defendant. The undersigned Commissioners eppognted by the Court in the above entitled cause before entering upon the discharge of their auties on this the 20th dey of August,1912, duly took »=@ | <ubessaneage an oath that they and esch of them, would fairly — and impartially appraise the matter committed to them; that they met on the premises, after heving had ten days notice of the mekting, and after viewing the lxnd described in the Pleadings, have determined the compensation to which the plaintiff fe entitled to recover of the defendant for the lands appropriated and oocupied by it for its Right of Vay, over and across the lands of the plaintiff described in the petition, taking into full consideration the quality and guantity of the land, we have estimated and do assess the damages afore- said, at the sum of Two Hundred Dollars. Tig assessment has been arrived at after considering all matters of benefit to the plaintiff and the damge to the land. Witness our hands and Seals this the 20th day ‘of August,1912. i la (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) North Carolina Iredell County E.R. McAuley Plaintiff, oe REPORT OF COMMIS* Statesville Air Line Reilroad Company, SIONERS. Defendant. The undersigned Commissioners appofnted by the Court in the above entitled cause before entering upon the discharge of their duties on this the 20th dey of August,1912, duly took «ut quseenieet $6 an oath that they and each of them, would fairly i and impartially appraise the matter committed to them; that they met on the premises, after having had ten days notice of the meeting, and after viewing the lend described in the Pleadings, have determined the compensation to which the plaintif? 6 és entitled to recover of the defendant ‘for: the lands appropriated and occupied by it for its Right of Way, over and across the lands of the plaintiff described in the petition, taking into full consideration the quality and guantity of the land, we have estimated and do assess the damages afore- said, at the sum of Two Hundred Dollars. This assessment has been arrived at after considering all matters of benefit to the plaintiff and the damage to the land. Witness our hands and Seals this the 20th day of August ,1912. North Carolina In the Superior Court Iredell County E.R. McAuley, Pleadntatf | [ =<V8i~ iidnatiantnennts stent on oo, JUDGMENT, Statesville Air rn ee to — <n ro Defendant. rr 7 this cause coming on to be heard, upon. the Report of the jury duly appoint by the Court to assess the damages to petitioner's Pande uy reason of the construction of a road bed, across the peitioner's land leading from his South line near Fifth Creek, and continuing through the same about North for a distance of /7°ofeet,and the jury heving assessed the petitioner’: E.R. McAuley's.damages at Two. Hundred ($200.00) Dollars for a . Right of Way through his said land of 100 feet, being a distance of fifty feet from the Contér Cf said road. bed on each side thereof, and neither the plaintiff nor the defendant having filed any exceptions to the report and verdict of the jury, and the same having been left open more then twenty days; Upon motion of petitioner's Counsel, it is adjudged that the petitioner have judgment against the defendant for the sum of Two Hundred Dollars, and the cost of the action to be taxed by this Court. ee he Superior Court. bi ae Bill of Cost—Special Proceedi nted by Brgfly, the Printer, Statesville, N. C. 77 North Carolina, ounty. UP THE SUPERIOR COURT, Summons Docket and Index... .. ........2.-2.2.--. Affidavit and order of publication Application for GAs lc. ns AppointmentofG.A.L.........-...4-. Notice of publication each mame. .. .....-...--.- [Panes of Guar. Ad Litem f . f . Sheriff returns. . 2... 0... ee ee ~ . Motions and Orders)... eee Report of sale... 2. 2. 1 2. et ee ee . . Orderof re-sale. .. 2... 1. 1 ee wt es ees Order of registration Acknowledgment of Deed. .........----+-++-++5 Zo Copy Sheets Motion and order of dower... 2... 2... -- ee e e ee Beth LY 7B Made, LE ee =. “L1) a BALL MEL, © MWVA4 : € ee eeeeceeoreseoeeoes Railroad Records 1912 SUMMONS FOR RELIEF .—Judge.—Printed and for sale by Brady, the Printer, Statesville, N. C. 6-9-’09-1M, ‘ Pia ea SERRE _.. County.-- In the Superior Court. BR EUs cases glee icc ements aS SUIMGIGKS FOR RELIER. _.... statesville Air. Line..Railroad.............. a 2 Company. ee ge saeereeres o i S > ‘ : : : tr : 1 i! - State of North Carolina, a Fig | = | To the Sheriff of Iredell. an: County GREETING: RY Dou are berebp Commanded tO SUMMON ni aneeneeneneeee : | Statescird Aix... -Line.. -Railros4a- Company: ; ‘) ee : | i ai oe H eoeees | 7 < bE ot i "gd S Bes vepsssenciocncccrentsiseatesies’ x - SS pean oncenee tr : | i eet i l a B, re et op Beeace Pet worle tus enMm ap ia paragress qOyjws2 Caer") savinco=soeeeoreeneenenceseunses . ery the defendant....above named, if...it... be found within your OeEy it to be and appear before the Judge of gur Superior Court, at a Court to be held for the County of... Iredell. Ritcnanaobd at the Court ees is Atateavil ye. Pot ee ‘’after the... J8St .Monday“of: * Beptsmber.. thé Saimb belie tHE BOC aay BES: Oobodeb! i YesFy"atid"answer the complaint, a copy of Whitt Will Be déposited in the office of the Clerk of the ‘Superior Cout#’for ‘sdia! Coutity, within the firsthhve’ duysiof said Tertt, and let said Defetidant.. ano -atake notice if...1%._t&@y fail to answer to the guid’ complaint’ Withiyy that time, the: plaintiff <:.....will apply to the Court for the relief demanded in the complaint;~ ene « Hereof fail not, and of this summons make-due' return. : BOW -. ww ? ViGV iA \Clerk of Superior ' / ‘ > Ld ge eiha PLG OL MOK! LH CM BOL wikg® 2 OFFICE COPY STATE OF NORTH CAROLINA, q mes <r |... Connty. ©! KetlteceS + eee ecenns tecesbeoceaecotonss } In the Superior Court. BOND. ; oo f ea vielaccctise what unto S>- Lod ucts arr huss Rat Krew Z, the Defendant........in this action, in the sum of. Taro Len Oy 2 €,. however, if the Plaintiff. Lei f°. KoLe anne € ....8hall pay the Defendant................all sach cost as the Defendant... may recover of the Plaintiff... .in this action. Witness our hands and seals, this... "=. day of... yO 4 foe A.D. f5.44...2 Dollars, to be void, aS wa ean * 2: (Seal.) Ww we. * « Le. Teer ; . ‘ ~ ee Soacsesese oscnugaleca Raines vos ee 6 sceieanpereiaeeeaee (Seal.) Pera Geen ag eeepc ome cores Se ee creer being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of 19. Sa ror —s 3 Hs . eri tgs é qd ue d fle e4 2 a et On ° 4 io : m mw YS Ao 8 < 2 is § a £7 ¢ : a oijttoe gd mB og 3 safe. at fhe. : | i ok o | -f 2 Bile & 4 2 Ob A + 1 HS wm 8 See on (#2 o 2B oO} a ds © ort Hi ew Y: £ a3 al et = i efi ¢€ rio oO} 3 Pi es: oe tse rf oO H Ze 3 8 Bi eo gd EF | ae i ° > ce : @ Pp; o > ; @ i; 0g a i § we) i Oh et o pide SE PA Sg eb By io Ay a its 2 roi oO ; ; a » 2 3 { e big a | => Q yee by R i pea oa Sa oy | $F % § | é Rm kt 4 “a 8 ; 4 MANS @ ey mS North Carolina I! In the Superior Court Iredell County | November, Term,1911. E.P. Holland,Plaintiff, | <aveen J} COMPLAINT. Stetesville Air Line Railroed, t Defendant. { The plaintiff complains and says: --First-- That he is a citizen of Iredell County, State of North Carolina, where he has been for many years, engaged in the cultivation of the soil, as a farmer; that he is the owner and in possession of ,the following described tracts of land in said County, about four miles from the City of Statesville. Beginning at a sour wood, Hampton's corner and runs South 87-1/2 East 117 poles to a post oak Feimster's corner; thence North 71 poles to a stake Fulbright's corner; thence with a dividing line North 68 West 150 poles to a post oak; thence North 60-1/2 West 82 poles to a Black Oak,Hampton's line; thence South 1 Kast 54 poles to a stone on the public road; thence South 40 West 41-1/2 poles to a Post Oak; thence South 83 East 96 poles to a stone; thence South 16 East 11-1/2 poles to a stone; thence North 73 East 18 poles to a stone; thence South 2 Bast 59 poles to the beginning. Containing 113-1/2 acres more or less. Deed Book 12,page 742. web >i, 2nd Tract: Beginning at a stone A.A. Hampton's corner on the Statesville Public Road, runs South 87 East 150 poles to a stone 1 pole North of another corner; thence North 1/2 West 58 poles to a stone E.P. Holland's corner; theme South 73 West 18 poles to a stone his corner; thence North 16 West’ 11-1/2 Cs poles to a stone Holland's corner; thence North 83 West 96 poles to a Post Oak stump on the West side of the kKaw@d Smith's corner; thense with the Koad and Smith's line South 30 West 21 poles to & persimmon South 27 » West 56 poles to the beginning. Containing 54 acres more or less. --Second-- That the defendant , is, a corporation duly erected organ- ized and existing, under and by virtue of, the laws of the State of North Carolina, and is now engaged in the construction! of its road bed, across the County of Iredell, from the City | of Statesville, in Statesville Yownship, in a Northerly direc- tion, across the land of the plaintiff and others in States- ville, Bethany and other townships in said County; that be- tween the first of November,1910, and before the issuing of this summons it unlawfully and wilfully entered upon, and un- jawfully, wilfully and negligently began the construction of, and is now constructing its road bed over and across the above described tract of land, the property of the plaintiff against his will and without his permission. . --Third-- That after the wilful and unlawful location, by survey, of its line of railroad, across and over the lands of the plaintiff, which location of said line was negligently done, ill advised and not where it should have been, the defemant without having secured a right of way by condemnation, gift or purchase,or in any wise agreeing or contracting with him for the lands, wilfully and unlawfully entered upon ,and appropriated the land, and destroyed the timber and did and committed acts of damage, and began erecting its line of railroad; that said line of railroad entercd the land of the plaintiff from the South side and cuts across one of his best fields, about the middle thereof, and going North therefrom constructed a fill ae es A ain ‘ about 30 to 40 feet in height and 130 feet across its base, the © 9) | dirt therefrom continually rolling down and spreading upon the ae ie Den the lands of the plaintiff on either side of said fill; that said fill is so located that it runs through the pasture of the pleinti ff cutting off,and drying up the water supply of his stock end cattle, so that they are unable to have the usual and necessary supply of water as heretofore; that the construction of said fill and cut, immediately following, some four or five feet deep, through his said pasture, cute off his stock , not only from getting water, as aforesaid, and foing to and from the barn lot as heretofore, but necessitates on the part of the plaintiff, the erection and maintenance, at a great expense of extra fences across end along both sides of said line of rail- road, thereby causing plaintiff much and increased trouble, extra labor and expense in utilizing his pastures for his stock and cattle, whereas before the erection of said railroad, his said stock and cattle could, and did, go out of the barn lot immediately into his said pasture, and return to said lot without being driven and without any gates being opened or closed, ex- cept the one immediately at his said barn lot; that said line of railroad cuts and runs through a piece of cinbened land, about 50 to 75 yards, in rear of plaintiff's barns, where for years, he has kept all his provender or roughness, for his stock, and where all his out-buildings are now located, and must remain; that said buildings, because of their nearness to seid line of railroad are liable, at any time, to be burned and destroyed, together with their econtents,consisting of stock, farming utensils, provender, grainery, grain and other products of the farm; that in the loeation and construction of said railroad, the land on either side thereof, will be made to wash away and become im- povished ,so much so, that plaintiff can no more profitably -eultivate the same; that said railroad going North from the land described above, in rear of plaintiff's barns and lots, is located through other fields of the plaintiff about 150 to 200 yards Bast of, and parallel with, the public road, on de- =, clining land from said public road; that the culverts or pipes under said railroad will sap, bleed and draw all the fertility from the land on the West side of said railroad, adjacent thereto, and the surface water from said land, along, and West of, said railroad, will be gathered up, concentrated and forced through the culverts and pipes under said railroad and discharged, in such Sotare and velocity, upon plaintiff's land, on the lower side of said railroad, that said land will be destroyed, washed, ruined and made useless to him, thereby causing his said farm to be and become less valuable; thee because of the tracks of said railroad, through his said land, said land will not be as accessi-! ble as formerly, all to his damage $2,000.00. ~-Pour th-- . That prior to the bringing of this action plaintiff frequently endeavored to make settlement of all the matters of damage and claims arising out of the construction of said road with the defendant ,. but failed therein, because of the defendant's de- clining to adjust the same upon equitable and fair terms. WHEREFORE, plaintiff demands judgment against the defendant for the sum of Two Thousand Dollars, for the unlawful ,and wil- ful entering upon, and appropriating the lands of the plaintiff to its use, without permission or authority; for the improper location and construction of said railroad as heretofore set forth, for the cost of the action to be taxed by the Clerk of the Court and for such other and further relief, as may be $ for Plaintiff. E.P. Holland, being duly sworn, says, that the foregoing just and right. Complaint is true of his own knowledge, except as to matters and things stated therein upon information and belief, and as to those he believes it to be true. Sworn to and subscribed before me this the ----- day of ------------" alle North Serer ine In the Superior Court. Iredell County. ) November Term, 1911. E. P. Holland, -vs- ANSFER. ) Statesville Air Line Railroad Co. The defendant answering the plaintiff's com- piaint, alleges and says: First: That it admits the allegations contained -in the first paragraph. Second: In answer to allegations contained in the second eas the defendant denies each and every allega- tion therein alleged, except that it admits that it is a corporation duly created, organized and existing under the laws of the State of North Carolina; that it cleared a right of way and constructed its road bed over a part of the lands of said plaintiff. Third: That in answer to allegations contained in the third paragraph , it denies each and every allegation therein alleged, except that it adrits that it constructed its road bed across part of the lands of the plaintiff and that it had not obtained a right of way therefor for reasons that will hereafter appear; but alleges that it did so in the exercise of its rights under its charter and the laws of North Carolina, and that the same was done in a good, work- man like and scientific manner. Pourth: In answer to the fourth paragraph, it denies the allegations therein set forth, but admits that there was an endeavor on the part of this defendant to make a settlement of all matters growing: out of the construction of the road bed across the lands of the plaintiff, but by reason of the unreasonabledemands on the part of the plaintiff it was unable to adjust the matter. And further answering said complaint the de- fendant alleges that in the construction of its road bed across the lands of the plaintiff, the same was done lawfully, carefully and scientifically with due regard to the rights of the plaintiff, and with the least in- fary possibile to his land, and has endeavored amicably to compensate the plaintiff for its right of way across Said land, and adjust any damages,he may have sustained, if any, to the land: and failing in this, if he has sus- tained any damages, Which it denies, he has a remedy as provided by law. WHEREFORE it demands that it go without day and recover the cost’ of the«-action. LN. Lesa Attormey for Defendant. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF or. ARh eee County--GREETING: YOU ARE HEREBY 2, A TO SUMMON .. OY. Gaither... A heualay. Wut. 2, (Bleed withe/ personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in... es Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. picnic WITNESS, “S i) } Kit Ueeg be poser voces on OENA- -Civil. 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 oliee County--GREETING: YOU ARE HEREBY COMMANDED TO SUMMON .....: Ural (- | \ e Yvy dev Ao , Piter Vlonan personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at habia bg. ee | Monday—after the. Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. WITNESS, ‘ QO . , Clerk of our said Court, at office by (gh Superior Court for Against North Carolina In the Superior Court Iredell County January Term,1912. E.P. Holland vs ; JUDGMENT. Statesville Air Line Railroad. . / This cause coming on to be heard, at this term of the Court, before 8S. Ferguson, Judge, the plaintiff, in open Court submits to-a non-suit. It is ,therefore, adjudged that a non-suit be allowed and taken. Cost to be taxed by the Clerk. Judge Presiding. Railroad Records 1912 SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, the Printer, Statesville, N. C. 6-9-’09-1M, ———______ BROMO cnn oe COUNLY.<~ Gn the Superior Court. ee Da Bic. BI YONG. ccecvnmnnnninnnnnenrnnne ssn AGAINST SUMMONS FOR RELIEF. Statesville Air Line Railroad secnsstesesnnteness “seessnnesneesenneeenes A QTDVPUBIVY to. ccccccsccesscnceesnssnsssnesssnnetnesnnneeneece sessing eng Se a a . eer | : State of NortteCardling. a 8 » | | To the Sheri of. Beal 2 : County-GREETING: of £ 1 oo = i i Dou are Beredy Comianided ooo ~ 4 ph i : i i _Stetesyi ie {Aix Line Railroad. Company. i 1s Vert 3 ' tg tos 2 of = eno immo. ok : “ | of OS t ¢ = ~ Tos secaseneees ere ‘ = : o ft ~ a 2 a Ue eee ee ere scestens | a S RTL TOMI EMPHCET POT PEPORE me yr er ore meh ~ SSeS ee Pe eceniembange ced series seaveunrspnce eee oe ee pou ewan wre? Pe Te MOI (PE ay OF Fro pAUgted gore12 * (eesy’) the defendant...above named, if..... AGA. be found within your + County, t to be Sends appear 1 before the Jag o our Superior Court, at a Court to be held for the County of................. Iredell evennseciostt at the Court ew use in Sta teger1se pss? otf hel Bth oo = uoaliy ties ee ene He Sahel Being CHE USOT ay CO DOE BeBe {U ¥9E]" SG'answer the complaint, a copy of Whitt will lie dépasited in the office of the Clerk of the Superior Couf/fér Rata Dow Gitlin the firstkhese dpys pt said Derm jung jetrenie Detendanen:..oitake tiotice if.4%-: -Aabey fail-to answer'to the gaid’ popplaint Withipy thes tise, seecpleintific..powall apply to the Court for the telief demanded in the Com EN sonconene _Hereof fail a and of this summons make. el . Vevi“elL ae Browse Commpa: [4 spc eubeso1 Cony 2IVLE OF AOKLE C¥KOrIMY’ ) OFFICE COPY No, 4.2... ae STATE OF NORTH CAROLINA, \ In the Superior Court. - the: Diekindeat din this however, if the Plante J | ited tiig: Metcd: in the sum of Lee Mosaic i ea ates eerccedccccccnece! over and above his seis, liabilities and property exempt from executions. Sworn to and subscribed before me this... May OF ee ccecccccceene 19. } } ; ; | ; : , : ‘ ‘ ' _ AGAINST Statesville Air Line. Railroad. _ Company. SUMMONS FOR RELIEF. seeeeereccescecveres 19-1 | de Ae of State 3.00. Term, 19-11 Plaintiff's Attorney. es October ce Cal dwell. Company. dele. of the. Superior Court of... [rede11County. ~Austley; Secs &: Treas. OP Stat By..delivering—eopy-—-to—Deit--—— Served Opt. Mileage... Returnable to... North Carolina In the Superior Court Iredell County November, Term,1911. J.E. Bryant,Plaintiff, df --va~- . ‘y COMPLAINT. : I Statesville Air Line Railroad, Defendant. The plaintiff complains and says: --First-- That he is the owner and in possession of, the following de- scribed tract of land, whereupon he resides and is engaged 20 farming and stock raising. Tract No. l. Beginning at a stake Mrs. A. R. Simonton's on Near the Public Road; thence North 88 West 93 poles to a stake near the branch; thence North 9 East 77 poles to a stake; thence North 7 West 6 poles to a stake; thence North 58 poles to a stake; thence North 71 East 91 poles to a stake in the public road; thence with said road 196 poles to the beginning. Containing 100 acres more or less. Second Tract: Beginning at a stone in Mills’ line; thence North 61 poles to a stake Mrs Davis‘ line; thence South 71 West 24 poles to a stake; Mre. Davis’ now Geo. Austin's corner; thence South 5 West 51 poles to a stone; thence East 28 poles to the beginning. Containing 9 acres more or less. Third Pract. Beginning at a stake in the Jonesville Public Road, J.C. Sullivan's corner; thence North 9 West 49 poles to the Center of the South Fork of Fourth Creek, at the 014 Davis' Mill Dam; thence ae up the Creek South 67 West 20 poles and West 23 poles to a stake; thence North 11 poles to a stake in the 01d mill road; thence with the same North 5 West 18 poles and North 48 West 43 poles to a stake at a field, thence North 78 West 38 poles to a stake on the Creek, thence up the Creek South 88 West 15 poles to a stake, thence South 1 East 120 poles to a stone, C.S. Holland's corner, thence North 80 East 27-1/2 poles to a large red oak, thence South 8 East 21 poles to a walnut W.R. Mills'corner, thence North 72 Bast 119 poles to the beginning, containing 84 acres more or less. --Second-- That the defendant is a corporation, duly and originally created orgenized and existing, under and by virtue of, the laws of the State of North Carolina; that since about the first of November 1910, and before issuing this summons has unlawfully, and wil- fully entered upon and unlawfully, wilfully and negligently constructed ,over the above described tract of land, the property of the plaintiff, against his will, and without his permission , its road bed, for a distance of nearly one-half mile; has un- lawfully and wilfully entered upon and appropriated, not only the land upon which the said road bed is actually constructed, but a strip of land, on either side thereof, from 25 to 50 feet in width . --Third-- That after the unlawful and-wiiful loeation of its road bed across the land of the plaintiff, which location was improperly made, the defendant, without having secured a right of way, by condemnation, gift or purchase, or in any wise, contracting or agreeing with and compensating the plaintiff, for the lands em- braced within said road bed and right of way, wilfully and * unlawfully entered thereon, with a great force of hands, mules and appliances, and constructed its line of railroad across his said farm, cutting his place diagonally across by a fill, something like 40 feet high and 70 feet in width, followed by @ cut several hundred yards in length and 25 to 30 feet in depth; that said fill so constructed cuts his pasture, where he keeps his stock, in such a manner as to leave a portion thereof, without water for his said stock, and without a means of in- gress and egress, prepared by the defendant to his said pasture, and his land lying North and West of said Railroad; that because of the wilful, unlawful and improper construction of said rail- rOaal across his said farm, plaintiff is unable to pass from one field to another on his own farm, with wagons, machinery or other implements necessary for the successful operation of his farm, and to haul his crops, from his North and Western fields, without passing over the land of other people. That in addition to the damage suffered by the plaintiff, because of the appropriation of his land, the destruction of his timber , the inexcessibility of his fields, the cutting in two of his pasture, leaving portions thereof without water for, his stock, plaintiff will be put to great trouble and ex- pense and waste of time in getting about over his farm, be- cause of said railroad cuts and fille. That said farm has been and will continue to be less attractive and valuable- not only as a place to live, but as an investment is greatly im- paired. That in the constructiog of said railroad his timber has been destroyed ,his other lands run over by wagons,teams, and his said lands made common; to all passers. --Fourth-- That prior to the bringing of this actiog plaintiff frequently endeavored to make settlement of all the matters of damege and élaims arising out of the construction of said road with the defendant, but failed therain, because of the defeniant!s declining to adjust the same upon equitable and fair terms. ‘’ That the defendant invited or permitted all kinds of travelling “ and by every device from the Wilkesboro Road and the City Statesville, to be turned over said lands, to the great damege of the pleintiff Two Thousand Dollars. WHEREFORE, plaintiff demands judgment against the defendant for the sum of Two Thousand Dollars, for the unlawful and wil- ful entering upon, and appropriating the lands of the plaintiff to its use, without permission or authority; for the improper location and construction of said railroad as heretofore set forth, for the cost of the action to be taxed by the Clerk of the Court, and for such other and further relief as may be just and LC Rat deveek Attorney for Plaintiff. right. J.E. Bryant, being duly sworn says, that the foregoing Complaint is true of his own knowledge, except as to matters and things stated therein upon information and belief, and as to those he believes it to be true. Sworn to and subscribed before me this the ---- day of North Carolina, In the Superior Court, Iredell County. November Term, 1911. J. E. Bryant, -vs- | ANSWER. ) Statesville Air Line Railroad Co. The defendant answering the plaintiff's complaint alleges and says: Pirst: That it presumes the allegations contained in the first paragraph to be true. Second: That in answer to allegations contained in the second paragraph the defendant denies each and every allegation therein alleged, except it admits that it is a corporation duly created, organized and existing under the laws of the State of North Carolina; that it cleared a right of way and constructed its road bed over a part of said land. Third: That in answer to allegations contained in the third paragraph of said complaint, it denies each and every allegation therein alleged, except it admits that it Cleared a right of way and constructed its road bed over the back end of one of the tracts of land described in the plain- tiff's complaint, a distance of about 1700 feet: but alleges that it did so in the exercise of its rights, under its char- ter and under the laws of North Carolina, and that the same was done in a good, workman like and scientific manner. Pourth: That it denies each and every allegation set forth in the fourth paragraph, except it admits that the plaintiff and defendant endeavored to make a settlement of all the matters of damages and claims arising out of the construction of said road bed; and alleges that by reason of the inequitable demand on the part of the : plaintiff they were unable to adjust their differences. And farther answering said complaint, the defendant alleges that in the construction of its road bed across the lands of the plaintiff the sane was done lawfully, carefully and scientifically with due regard to the rights of the plaintiff, and with the least injury possible to his land, and has endeavored amicably to com- pensate the plaintiff for its right of way across said land, and adjust any damages, he may have sustained, if any, to the land: and failing in this, if he has suffered any damages, Which it denies, he has his remedy as pro- vided by law. WHEREFORE it demands that it go without day and Th hy Duck recover the cost of this action. Attorney for Defendant. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF IL aCounty--GREETING: YOU ARE YY COMMANDED TO SUMMON AZ IDLY (hhc LR oun poneen Senne Y Ay MMA CRE... he §L.f- ’ Wk 22 Dyn Dy, tet £. AMBM Zedadihwtthn.. | hee hie F s / MWe. Deaiper ia | laf Work s | L-4¢ |FO North Carolina In the Superior Court ‘Iredell County January Term,1912. _J.E. Bryant vs JUDGMENT. Statesville Air Line Railroad. This cause coming cn to be heard, at this term of the Gourt, before G.S. Ferguson, Judge, the plaintiff in open Court submits to a non suit. It is, therefore, adjudged that a non suit be allowed and taken. Cost bo be taxed by the Clerk. Lid peigorer— Judge Presiding. ~~ % ) \ t i i t ‘ hb. . a b: Bi z > | . P t f oh . a e Ag rs Railroad Records 1912 SUMMONS FOR RELIEF .—Judge.—Printed and for sale by Brady, the Printer, Statesville, N. C. 6-9-’09-1M. ee Iredell...............County.-~- Gn the Superior Court. Sete tapas BSR 9A AIAN a ep we AGAINST SUMMONS FOR RELIEF. serene! Statesville Air Line. Railroad... sentence OUND EDYy, nnn tn State of North€a rolina, Rie | Hoo! To the Sheriff of I. eda)... _ },County-GREE TING: bao f : ‘ Dou are aaa Commanded to: Slee | i i ee if i | ee State avd lie. Air. Line Railroad. Company. —- fa = a eee | la a is “a cena li ; tt nt | Ss ee ‘ | aa TS ' 4 i ‘ ti 7 Bde seteesa ¥ eee li nenuasengecnacesass angers cicerscereereninraanerecernacenters it - i > 1 t " i ‘ as. + t Jah. 554 Sr ecccccoccvccccvccceccccccscses OEE ING SPOR! Er oe ee ¢ i} J i Mt. i } Gopi: smveceecesinsecseenesemesnesteenssesseensseneesesnesesseseneenretnaetesoreenee an co erty the defendant...above named, if......4%....be found within your eoanty: to be and appear. before the Judge pe our Superior Court, at a Court to be held for the County of.............. Trededa wu... at the Court House in Wy <¢ tt. O pe yy y vite S#Ath svt Tee ys on ena eed dfter the... 1st... Monday ‘of Baptembec...... hie band Heine’ the’ -SOth ...“d ay a Ot ober dtd auld answer the complaint, a copy of see Will be deposited inthe office of the Clerk of the Superior Court tt said ‘Godaty, Within the first three days of Goliad "Perm, ‘Aud ter Said Defendant!!!’ take notice if_..it. telsfe fail to answer to thé ‘said domplaint Withia/that Kite, CRE plaintiff << 1will 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 eer 1..day/ofp.., Sppeamber 19.dd ns. eve BON MSEULMAMAL............. . NER Clerk of Syfefior Court......... Iredell Sct ieteene County. ~M “ . (oun ) 21 LE OF YOKLH C¥KOrInw } OFFICE COPY ee CAROLINA, \ In the Superior Court. RS Oe OR es ine <Lnnnee County. Lees Bee ape cians Se Seo ag esi estore eemeeeTcoA Steg being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. SPeessseveseres i i WH { | | d 'd : ; ~ ot SS - - ._Term, 19-11- -ine hailroad. ws BRD BAF eccentric Fee. Plaintiff's Attorney. AGAINST Statesville Air Line Rail- _ pany SUMMONS FOR RELIEF. Returnable to...Oatober...... weve ABD Ti Fgh eee sesescecwoe=es . E.B.-Nicholson _... road Com of the Superior Court of: Irede11..County. _I.C. Caldwell. : Statesville Air Served - | By-delivering--copy-to-Dete- | ‘Austey; Seo: & treiss 6? the” | INVA: fu e North Carolina oe In the Superior Court Iredell County j November Term,1911l. E.B. Nicholson,Plaintiff. a ae COMPLAINT. ane eel Statesville Air Line Railroad, Defendant. J The plaintiff complains and says: --First-—- That he is a citizen and resident of the County of Iredell, State of North Carolina , where he has lived all his life, engaged in farming. That he is the owner and in possession of, the following described tract of land. Adjoining the lands formerly of Mary C. Davis and others; Beginning at a Post Oak Watts' corner, in Davis' line, running thence with said line South 89 East 118 poles to a stone on Ayer's line; thence with said Ayers' line North, thence West 47 poles to € Post Oak his corner; thence with his line North 65- 17 poles to a stoneSharpe's corner; thence with Sharpe's line North 15 East 23 poles to a stone; thence North 86-1/2 West 85 poles to a stone in the middle of the public road; thence with the public road South 7 West Be poles to a stone in said road; thence North 89 West 49 poles to a stone on Yatts' line; thence with said line South 46 poles to the beginning. Containing 50 acres more or less. Second Tract: Beginning at a stone West side of the Road South 88 East 69-1/2 poles to a stake in Sharpe's line South 2 -1/2 East 48 poles to a stone Sharpe's line; South 18 W. 31 poles to a stone Ed Nicholson's corner; North 86~-1/2 W. 85 poles to a stone in the old road; North 20 &. 75-1/2 poles to the beginning. Containing 37-1/2 acres more or less. | ~-Second-- That the defendant , is a corporation ,duly created, organ- ized and existing under, and by virtue of the laws of the State of North Carolina; that since about the first of November,1910, and béfore the issuing of this summons, it unlawfully wilfully el ae hes ne and negligently constructed, across and ars above de- scribed tract of lend, the ~s perty of the pleintiff, against his will, and without his permission, its road bed, and | cleared a Right of Way along said road bed from 30 to. 50 feet on either side thereof. --Third-- That after the unlawful and wilful location of its line of railroad over and across the lands of the plaintiff, which location, as plaintiff is informed and believes was negli- gently done and 411 advised, the pedeneeat since November lst, 1910, without having secured a Right of Way by condemnation, gift or purchase, or in any wise agreeing and contracting with the plaintiff for the lands so wilfully and unlawfully entered upon and appropriated, together with the timber destroyed and damage done, began and constructed its line of railroad; that said line of railroad enters the land of the plaintiff from the South side and runs across one of his fields, the same being in corn, cutting said field about half in two, and constructed a fill in tne middle of said corm field some 8 to 10 feet in height, againat which the water, from the West side of said road bed gathers, backs up, and stands back upon the crops of the plaintiff, thereby damaging the same, there being no culvert under said fill, to allow the water so accumulated to escape; that from the North end of said fill the defendant has excavat- ed a cut some ©OO yards long and 1lé to <O feet in height, through a fine piece of timber, just in the tear of plaintiff's house and barn, cutting off said house and barn and other nec- essary lots on said premises from tho eastern side of his place, where his hogs and other stock were accustomed to be kept,leaving plaintiff with no means of access out and near his house to the eastern part of his place, except at the Northern end of said cut, where an attempted road. was excavated, but which is so steep and improperly meade, that plaintiff is not able to use the same with a loaded wagon, hauling the products of his farm, from the eastern side of his place. Theat immediately North of said cut, staid road bed is constructed on a hillside about 100 yards from end parallel with, the public roed on the Weet and about 150 yards from and parallel with, a branch on the eastern side of his field, thereby piielae his heretofore accessible, fertile and well proportioned field into two separate and distinct tracts or fields of land; that the water from the lund between the public road and said rail- road will not be permitted to spread out and over the land as hefore the construction of said road bed, but has been gathered up, Bos centrated and forced through culverts and pipes ,improlery located under said road bed, with such force and velocity that said land will be destroyed, ruined and unfitted for cultivation, by washing gulleys and rendering the use of same by wagons impossible; that before the construction of said road bed, the plaintiff had free and easy access to all parts of his fields with his teams, but since the construction thereof, he has been compelled to cross said road bed at same place, thereby consuming time, extra wear and tear of his team and wagons and other incon- veniences. That North of the fill last above described the defendant has constructed another fill some 10 feet high end 25 to 30 wide, and has negligently failed to erect a culvert or pipe through which the water accumulating above the railroad bed may pass, but has negligently placed a small culvert or pipe on the bank some 8 or ten feet higher than the bottom of the defile geross which said fill has been constructed, thereby leaving -eaid how: land to-be submerged ,end finaljy filled with the washing and sediment of the high ground around it; that North of said fill, the defendant has constructed its said road bed and cut away the timber on both siies thereof, to a distance of 25 to 30 feet on either side. --Fourth-- That as plaintiff is informed.and believes, the said road bed was carelessly, and negligently located upon its land; that a true and proper survey and location thereof, would have placed seadd road on the East side of the Branch on plaintiff's land Ms heretofore alluded to, and in no way crossing or damaging the lands of thie plaintiff, and would ultimately have reached a destination more desirable than its present terminus; that the distance across plaintiff's land is some half mile or more and he alleges that be- cause of the acts hereinbefore complained of, he has been damaged in the sum of Fifteen Hundred Dollars. --Fifth-- That prior to the institution of this action, plaintiff endeavored to adjust and settle, the matters of dispute, and damege with the defendent, and now submits the same to the just and fair consid- eration of the Court for a decision. | t WHEREFORE, plaintiff demands judgment against the defendant for the sum of Fifteen Hundred Dollars, for the unlawful and wilful entering upon, and appropriating the lands of the plaintiff to its use, without permission or authority; for the improper location ayd construction of said railroed as heretofore set forth, for the cost of the action to be taxed by the Clerk of the | Court, and for such other and further relief as may be just and LOC C1S.wL.202e Attorney for Plaintiff. right. E. B. Nicholson, being duly sworn, says , that the foregoing Complaint is true of his own knowledge, except as to matters and things stated therein upon information and belief, and as to those he believes it to be true. Sworn to and subscribed before me thie thé ---+ day of <--«.----.. 1911. North SEOETRE | In the Superior Court, Iredell County. ) November Term, 1911. E. B. Nicholson, ) ) ) Statesville Air Line Railroad co. The defendant answering the plaintiff's complaint, alleges and says: Pirst: That paragraph one is admitted. Second: That in answer to allegations con- tained in paragraph two, the defendant denies each and every allegation therein allesed, except it admits, that it is a corporation, duly created, organized and existing under the laws of the State of North Carolina, that it cleared & right of way and constructed its road bed over said land. Third: That in answer to allegations pootatned! in third paragraph it denies each and every allegation therein alleged, except it admits that it construeted its road bed across said land, but alleges that it did so, in the exercise of its rights, under its charter and the laws of North Carolina, and that the same was done in a good workman like and scientific manner. Fourth: That it denies each and every allegation contained in the fourth paragraph, except it adnits the distance across said land to be 2600 feet. And further anSwering said complaint, the de- fendant alleges, that in the poneiruetien of its road bed across the lands of the plaintiff, the same was done law- fully, carefully and scientifically with due regard to the rights of the plaintiff and with the least injury possible to his land, and has endeavored amicably to compensate the plaintiff for its right of way across said land, and adjust any damages, he may have sustained, if any, to the land: and failing in this, if he has suffered any damages, Which it denies, he has his remedy as provided by law. WHEREFORE it demands that it go without day and recover the cost of the action, WP» Leer “Attorney for Defendant. 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 Sr tte County--GREETING: , OO livall > bira Le COMMAN a TO SUMMON .... 7 gedn. AG. Oi & sages <...! Al Ko bn Bod rsonally to appear before Ye Tnage of Superior Court, at the next Court to be held for our said county at Monday after the... Monday ee os 19f.2... ae CS cre Superior Court for 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 D7 AR Lenk. 2 TO VO" SOM lerk Superior Court for North Carolina In the Superior Court Iredell County Jamary Term,1912. %.B. Micholson, ve JUBGMENT. Statesville Air Line Railroad. This cause coming on to be heard ,at this term of the Court before @.S. Ferguson, Judge,the plaintiff, in open Court submits ae a non-suit. It is ,therefore, adjudged that a non suit be allowed and Gf Juage Presiding. taken+- Cost to be taxed by the Clerk. Railroad Records 1912 SUMMONS FO FOR RELIEF.—Judge.— Printed and for sale by Brady, the Printer, Statesville, N. C. Jahik _ da.8. [ 6-9-’09-1M, County.-~ Gn the Superior Court. a vase ¥ Sor moreno SEnseBechb see 65ssey Sefeoccedsanhretnslenagusrasdesaadsborunedssrecaciaes bacesessserevreseRecsncsas+eseess sae ssclecetertasacs.cortencecscneeetieeine ice i 3 rf Lend answer the complaint, a copy of whieh will: be depseited i: in the office of the Clerk of he) Superior Court for ‘said Coutity; within the first three days'of:said: Term, and ‘let said: Defendant:.......take notice if... df. they fail to answer to the said complaint Withip thet time, the: plaintiff......_.will apply to the Court for the relief demanded i in the complaint. Hereof fail not;-and of this summons make aa Teturir CAWiIE O}F- AOKLH CMO iifsgy OF NORTH CAROLINA, \ In the Superior Court. BOND. We acknowledge ourselves bound‘ wn Le farlacey ¢ a ‘ the Defendant._....in this action, ix. the su however, if the Plaintiff. 2. AS... af LE EO A»..shall pay the Defendant... all sach Lise Poe tances names estas senratvantear sicker eeeivemtigerasecoeioneotiae being sworn says he is worth the sum of two hundred dollars over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this..... day of wore e wees enernscctenececcsens weeerrseerovevere enetengrssccareocesencees 3.202 () \ Returnable to_...7.' Sr 2 Pug Aa | fy SUMMONS FOR RELIEF. ‘ v é } ' } ; ; ; : ' i ‘ i ; i . ; . i ; i : } : : : ; ; : ; ; } ; ‘ } / C= Lice Sheriff , 4 \ hy @ North Carolina, : In the Superior Court, Iredell County. : As of August Term,1912. D.B.Honeycutt $ vs. :; Complaint. Southern Railway Company. The plaintiff above named complaining of the defendant alleges and says: lst. That the defendant is a corporation organized and existing under and by virtue of the laws of the State of Virginia,and was at all times hereinafter mentioned in possession of a operating a line of rail road running through the Town of Mooresville,in the county of Tredell,State aforesaid,together with its tracks, yards, locomotives,cars and otherappurtenances thereto belonging. 2nd. That at a point where Avenue crosses the tracks of the said defendant in the Tom of Mooresville,and in the yard Jinite of the said defendant,there is a crossing which is very dangerous to the safetx of the public by reason of the fact -that on the South side of the said Avenue there is a high fence almost up to the rail road track which obstructs the view of the track on that side and on the narth side of said Avenue there is a barn built very near to the tracks of said defendant which obstructs the view of the said tracks from that side to persons going across said rail read from the Fast going to the cotton platform on the West side of the said Rail road. ae Srd. Phat on tho ss day of Deoember,1911,plaintiff"s wagon and team of mules in charge of Lum Hobbs,was being driven along and over the streets of Mooresville which crossed said defendants tracks at the erossing above named,that before said crossing was reached,or when the said team eane wittin « few fect of the said crossing,as plaintiff is advised rnd believes,the said driver stopped. the said team and looked and listened for any sound of a train or locomotive and not hearing any sound or whistle or bell from any train or locomotive drove upon the tracks of the said defendant,when the said defendant and its agents earelessly and negligently omitted bo ring the bell or blow the whéstie of the locomotive to give the @ - public or this plaintiff's arent any warning of the approach of the said locomotive and cars,and in violation of its duty, And in Consequence of the said defendant's failure to give the warning, either by blowing the whistle of the locomotive or by ringing the bell,the plaingiff's agent was ignorant of the approach of defendant's locomotive and cars which were being moved at a rapid rate going north Over said cressing,the plaintiff's agent drove the said team upon the tracks of the defendant along the said Avenue,when the defendant carelessly and negligently caused one of its locomotives and train of cars to be passed rapidly over its track upon and over the said Avenue or stpeet at said crossing,and negligently and carelessly omitted to give any signal of its intention and purpose to run said locomotive and train of caqs along said track and oyer said street, whereby plaintiff's wagon and team of mules was struk bv the cars and locomotive of the said defendant ,jhis wagon was damaged,and one of his mules seriously injured and permanently damaged and made absolutely worthless,all to his great damage #n the sum of $200.00. Wherefore, plaintiff demands judgment against the defendant: for# the sum of Two hundred Dollars damage sustained and suffered by the negligence of the defendant as above alleged,and for the cost of this action to be taxéd by the Clerk of the Court,and such other and further relief as may be just and proper, —f. Dah Attorney for Plaintiff. D.B.Honeyeutt being sworn deposes and says that the foregoing complaint is true of his own knowledgeg except as to those things thereinstated on information and belief and as to those he believes 1% to be true. rp DB few Sworn to and subscribed before me this the 83rd day of Sept.,1912. a North Sarolina { In the Superior Court Iredell County I Rs of August Term,1912. D.B. Honeycutt, Pleintiff j --VS-- { ANSWER. Seuthern Railway Company, { j Defendant. The defendant answering the complaint says: --First-- That it is a corporation duly and originally created, erganized and existing under, and by virtue of the laws of the State ef Virginia, is now, and has, for quite a while operated @ line of railway running through the Town of Mooresville, in the County of Iredell, and State aforesaid. ~-Second=— That the allegeticns contained in the second peragraph of the Complaint are not true and are denied. --Third-- That the eallegetions contained in the third paragraph of the Complaint ere not true and are denied, except that portion thereof, which alleges that the driver of the wagon, said to be the wagon aid team of the plaintiff, drove said team and wagon upon the crossing. And for a further answer and defense to plaintiff's cause of action, the defendant says: ~-First-- That the rleintiff brought about the injury to his team and wagon, if any there was, by carelessly and negli- gently driving upon the track, without first stopping te leek and listen, and acertain if a train was approaching. ~-Second-=- That the plaintiff was guilty of contributory negligence in carelessly and negligently driving upon said track, without first stepping to look and listen, to ascertein if a train was approaching, and in going upon said track when he could have seen thet a trein was appreaching. And having answered, the defendant asks that it recover its cost ,ind go hence without day. LCOS HE Attorney for the Defendant. B.A. Cowan, being duly sworn » Says, that he is Lesel Agent of Southern Railway Company, at Statesville, N.C.; that the fore- going Answer is true of his ov.n knowledge, except as to matters and things steted therein upon information and belief, and as to those, he believes it to be true. Sworn to and subscribed before me this the ---day of December,1912. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, ¥ the Court House in on ne 2 7 & eee in v0. controversy before said Court depending, and then and there to be tried, wherein Plaintiff c 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... Cf NG: | YOU AR aa* . . + Defendant.......... . And this you shall in no he omit,-undos the penalty prescribed by Jaw. WITNESS, , Clerk of our said Court, ‘at office SUBPOENA--Civil, eee eens epee cewnnnsersereesoee LU ax 2.2- 1743 ol ca Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. §-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF OF.......... Iredel2 County--GREETING: / personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Court House in B&utesville N.C. WAFERECROS Salbeblics & fake in a certain controversy before said Court depending, and then and there to be tried, wherein D.B. Honeycutt Plaintiff Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. , Clerk of our said Court, at office file Bala ef Sie al Buel: 8 88 BeBe Bc BB BiB: Bey Seay =< r Clerk Superior Court for ' { | _.... YoH, Reaiis or L.H.Reavis Mooresville N.C. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. % §-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF OF Prob 20 ¢- County--GREETING: 2 ARE HEREBY COMMANDED TO SUMMON } | - Defendant And this you me wise omit, under the penalty prescribed by law. WITNESS, , Clerk of our said Court, at office | Yee aban ret t. harry yee Kea _ Cy—— Defendant 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 Lda, County--GREETING: RE HEREBY COMMANDED TO SUMMON Canaan ela l. personally to appear ee Judge of Superior Court, at the next Court to be held for our said county at the Court House in............“\ AS <A § in a certain controversy before said Court depending, and then and there to be tried, wherein LLOD Lf CARL... Defendant........... And this you shall in no wise omit, under the penalty prescribed by law. WITNESS, ........ eee ores erates santero aoe eevee ee , Clerk of our said Coutt, at office Ga Superior Court tor Ube Lbe i fice, a Or er 404 f' to Shan is Plaintiff Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. §-15-'07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF OF..\A. Y Se ; County--GREETING: YOU ARE HEREBY COMMANDED TO SUMMON MWY TOD UWyae personally to appear before, the Jud the Court House in ee aS - Defendant............ And this you shall in no wise omit, under the penalty prescribed by law. WITNESS, ....... CR CJ nis wa a apna nw we nnn meen ere n enn nns tees eceeapenneeresceensneenssnmnest , LLM thie North Carolina In the Superior Court Iredell County D.B. Honeycutt,Plaintiff. -=¥e-< : JUDGMENT. Southern Railway Company. This cause coming on to be heard before His Honor B.F. Long, Judge, the plaintiff through his Counsel takes a non suit. It is therefore ordered that said case be, and the same 4g hereby non suited. The Clerk of the Court will tax the cest against the plaintiff and his bondsmen, except the cost of the defendant's witnesses, which Counsel have agreed ig not to be taxed against the plaintiff. fi 7? Jadge Presiding. 7 } ' ) \ \ 4 i ' | ‘ ! i ‘ er * iwawoaor ¢ — ee ae me me ee Se we a ee ee 5 *,. Up Ueseq f ‘ suedmeg Leal Tey ure qqn : | --s4--. - | SEraUTeTa’ 44nofoude * END OF > BOX