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HomeMy WebLinkAboutRailroad Records 1913lredell County Railroad Records 1913-1928 C.R.054.925.9 Railroad Records 1913 SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, the Printer, Statesville, N. C. 6-9-'09-1M, A EEE AGAINST SUMMONS FOR RELIEF. _ogestilt [ oat ff | — | | 3 } a : . j oo 2 ki & oa Ho 4 ; i} oe i | Ds = : 4; : fresesees . fevoconed dete femoral oeeratoace i oe it: : : “3 i i it : i eS je a | dL . ’ } : cw a ee me “4H : 3 { a | « O |] “ | oO 3 =$t — Pence: Seid cree: ee sofa eeeeeceee 3 fH : oi. 2 © | & a sl an % eevenvsen DOL Pr SEY Pr pwe TPA -PHOLE-THE- fFHes 4A OF SL oereescoeers OLEL OF IPOAS pre yepse spy tise guq brobexrgh excusbe prom exccay some’ ae PEIN 2aol wha pe Ia MOTLGP CPS Sas ej (AO paNgieg qoyjwse Fat Sess asts) daa] eneuey sel avaveuel bavesuenerenseheees -. (203)") the defendant....above named, if... be found within your Ce nty, to be and appear ag the be Judge of wiae ane tapanan in the office of the Clerk of. the Superior ‘Chaat Rahat eo dee AIMin the Arsene reer Jae seveiie Dette cuake notiog if ae fail tosaaiewet to Beisel coniphant eR fail 20 Rot; ty and of thie ve guramone make due retiia ~- ~ Wiven under thy hand apd fas of said Court, er | LT. ny OE nn LN on ccsescnennsenee a vavined, » BOUW KM Wek MELA BOK, f... oa ~~ DSN “N\A Sonal piers of Superior AQourt................Z Soanty. a re vs > ja spe enbero. Comr SLL LESOE MOK.LH C¥EOrIAW’ J = STAT NORTH CAROLINA, c eo \ In the Superior Court. : County. ao i aT a alah AGAINST Z os BOND. Sih Uatwn & a ‘We acknowledge ourselves bound unto....<t C44 NOR G ‘the Defendant... in this ae in the sum of... Zev, SA ent >. Se weer i 0 |_iDolars, to bé void, however; if the Plaintiff KM: M6 ayer” shall pdy the’ Defendant..:..!.:'°. 3. alt Stich ‘cost as'the Defetidant....<:...may recover of- the, Plaintiff ' CEs En) — and seais, this i a | Ce ee a ee ee eee being sworn says he is worth the sum of two hundred dollars | over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of. . 19 Ny $ ice OGL & YL oe 2OAROX? ¥ North Carolina In the Superior Court Iredell County. As of Nov. Term 1911. COMPLAINT. { I George W.Hawn ,plaintiff. ] vs. J Scuthnern Railway.Company . Ae ome ad AY ONS ue The plaintiff above named complaining of the defendant for cause of action , alleges and gays: First. That the defendant is a Quly organized and existing corporation. under the laws of the state of Virginia and was at all times nereinafter mentioned engaged in the business of a common carrier of freight&,in possession of operating and controling a line of railway in North Caro- lina with freisht and passenger stations , tracks, yards arid other appliances in the town of Mooresville N.C. for recei- ving freights for shipment over its lines ,together with engines,cars,tracks and cther apnliances for transporting freights so received to other places in North Carclina ena elsewnere ,as plaintiff is advised and believes. Second. That at the times hereinafter mentioned, plain- tits, who: is a natural person residing in Iredell County N.C near the town of Mocresville , was delivereing lumber on defendants yards in Mooresville N.C. and shipping same over defendants line of railroad to Fogle Bros at Winston¢Salem N.C. | | ae Third. - 9 “ ate * That on the day of November 1910., defendant had placed one of its cars on its side track in Mocreaville TA? ae N.C. to be loaded by Plaintiff witn lumber for shipment. That plaintiff placed in said car a lot of #1. forest Pine lumber ,not less than 15000 feet and of the reason- able value of $337.50 . That after said lumber was so loaded rR A a /)Kk Ka~ le ; and before capes had » the~seme—t-e—defoemtant for shipment hie a endant wrongfully converted the said _ lumber to its own use ,removing the same from its tracks in Mooresville N -C. and-carrying it to some point to pla in- tiff unknown . ee . ms * Fourth. That by reason of the wrongful taking and conversion of plaintiff Viner by the defendant as aforesaid the plain tiff has been greatly damaved ,that said lumber had besn scld to a solvent firm of repvtadle dealers ,to wit:Pogle* Rres of Winston -Salem N.C. who would have promptly paid for same had it nct been converted by defendant;tnat said ‘lumber was reasonable worth the sum cf $337.50 ,and plain- tiff has be out tne use of this money for about 12 months to the date of the bringing of this action . Wherefore plaintiff demands judgment against the defendant for the sum of $337.50 the reasonable value of the lumber converted by defendant at the time it was taken by said defendant with such interest thereon from s@id date ,not exceeding 6 per cent, as damage for defendants with holding the value of said lumber from plaintiff ,and for costs of this action and such other and further relief as may be just and proper. a AA ne mare a Secrge W. Sawn ,after being ee sworn says that the ‘fore- gcing complaint is true of his own imowledge ,except those matters and tnings therein stated on information and belief and as to thése ,he believes it to be true. 2s 2 = =e -_— = em Sworn to and subscribed before me this the day of 1912. -_——_—— = = -— —— he NORTH CAROLINA I IN THE SUPERIOR COURT IREDELL county | NOVEMBER TERM,1911. George W. Hawn,Plaintiff, an YBos Southern Railway Company, Defendant. “> + The defendant answering the Compleint, says: | --First-- That it is a corporation duly created, orgenized and existing under, and by virtue of the Laws of the State of Virginia; that it was and is engaged as a common carrier, for hire, in the transportation of freight and pessengers, in North Carolina and elsewhere. --Second-- Phet the allegations contained in the third paragraph of the Complaint are not true and are denied. ~-Third-- . That the allegations contained in the third paragraph of the Gomplaint are not true and are denied. It is true that the plaintiff did not deliver the lumber alluded to in pada paragraph of the Complaint for shipment to the defendant. | -~Fourth-- | That the allegations contained in the fourth paragraph of the Compleint are not true and are denied. | And having fully answered, the defendant ask that it recover its costs in fts behalf expended and go hence without day. ounsel, for endent. . *,” : e * é : W. . Drew, being duly sworn says, ———- he 1a the ogal ¥ agent of. Southern Railway. Company , at Mooresville. . C., that* a " the feregoing Angwer is true of his own knowledg¢, exept ot 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 January,191¢. * t Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. Cc 5-15-’07-2M. STATE OF NORTH CAROLINA, TO THE SHERIFF oF. nck County--GREETING: ae ARE HEREBY COMMANDED TO SUMMON personally to appear x Judge of f Superior ourt, at the next Court to be held for our said county at \ Defendant.......... a ig iy, under the penalty prescribed by law. WITNESS, ..., fee , Clerk of our said Court, at office eee Pe. A L | Bc cccneceeeesereergecnceenernmennnbessnnanen sera _Defendant.......... SUBPOENA--Civil. | Civil Subpoens.— Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. Vie STATE OF NORTH CAROLINA, To THE SHERIFF OF WNL, Oy, TING: YPU ARE HEREBY COMMANDED TO suulen 2 MW ALK: L aud th etek. 0 2M, ie LR fig 0 aes hatore the oer of Superior Court, at the next Court to be held for our said county at the Court H A ‘ next, then and there to testify and the truth to say in behalf of... ction Lacfok peiken taco ocromaeninge ML hg k in a certain controversy before Leo depending, and then and there to be tried, wherein / Plaintiff , and ae under the penalty prescribed by law. a. Ls LPCoL ese dssssssssssssseeseeeeeey Clerk of our said Court, at office Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. . 5-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF on ear bat —County--GREETING: VOU ARE HEREBY COMMANDED TO SUMMON Defendant.......... . And this you shall in no wise omit urler the penalty prescribed by law. WITNESS, . , Clerk of our said Court, at office Vel beer bain Wo aw, Aeoece Guat} Rscasnagy Hite cPed. Leo. I Hecew a a hes Cee Ormcring om ete Hand ax ce + Cheer Wttdece - “y Aedeceu Fo | if an if a ee Lee chef: | _ A. Hafemd 422 F. Lereihen flartoony ——— . Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-’07-2M. STATE OF NORTH CAROLINA, To THE SHERIFF EZ RE ea ee next, then and there to testify and the truth to say in behalf o in a certain controyersy before said Court depending, and then and there to be tried, wherein ee Ent And this you shall in no wise omit, under the penalty prescribed by law. WOTNESS, nn ncaa cnn eecneccnscencenneprenernenentocsnscenessnnenssssussunsusessnsssnssonssees dora -, Clerk of our said Court, at office Clerk Superior Court for. Defendant SUBPOENA--Civil. rr fs wa a ‘ - u* % Mi yt North Carolina J Superior Court Iredell County. 1 July Term 1912 George W.Hawn J vs I AFFIDAVIT. Southern Raiwlway Co., | George W.Hawn plaintiff after being duly swemn says; that he can not eafely go to trial at thie term of the Court for the abeence of D.H.Disr a material witneas for the plaintiff who is duly under subpoenar and whose testimony he expected to have at this trial . That amoung other facts Mr Dier will testify that he ig in the employ of Forté Bros of Winston Salem N.C. a firm of lumbermen,and that he purcha- __, sed a lot of pine lumber from the plaintiff for said firm ,the lumber involved in this suit being in the lot so purchased. That he saw the lumber in controversy on the yards of the defendant in Mooresville N.C. a few days before same is alleged to have been loaded on defendants cars . That it wag a fine lot of No 1 forest pine lumber rea- sonable worth the sum of $ 2 ee thousand. That soon after this lumber was alleged to have been conv@tted by the defendant the plaintiff visited the plant of Folger Bros in person looking after said lumber and to see if it had been received by them. That all other lumber of the plaintiff sold to said rope Bros ,except this lot of pine , was received by said firm but that this lot of pine was never received by said firm or any person for them ,that he would furnish a detailed statement of each car of lumber received by said firm from the plaintiff ,giving the number of the car in which same was shipped ,its kind and price thus showing from the record that this oar of lumber was not delivered to said firm by the defendant. That this witness is notabsent by any fault or procurement of affiant ,but that affiant has been diligent in an effort to have him present . That he expects to have the benefit of his testimony at the next term of this court . That affiant can not Qey the evidence of Mr Dier by Ai. , any other witness. aaa oe es ps dawned mebbdcs /. fe “fi pz BB Railroad Records 1913 ‘len Worth Carolina | In the Superior Court. Iredell County ! 0.P. Bell eon | awaV¥Se~ { Application to sue as a pauper. Soulhern Railroad Co., ff fo the Hon.Clerk of the Superior Court of Iredell County: This is to certify that we have examined the case of the plaintiff in the above entitled action,and believe that he has a good and meritorious cause of action in fact and law. AR LLw: ang 1 Mate North Carolina I Iredell County 1 Q.F,Bell being duly sworn,says;that he is unable to give suri- ties,or méie the’ deposit required by law,to enable him to prosecute the above action against the defendant, Southern RoR. Co. and therefore prays that he may be allowed to sue in said 2. as @ pauper. . Sworn before me thi’ the 3rd day werTer—~ ileal fel ete: eee BO = North Carolina | In the Superior court. Iredell County | Q.F.Bell I -VS- I Order granting leave to sue as a pauper. Southern Railroad Co., I * In _the above entitled action,upon the certificate and affidavit abeme set forth,it is ordered: | 16. That the above named Q.F.Bell be allowed to prosecute ak = suit as a pauper. 2nd. mot Let ? Grin te - - -- = - assigned to him as counsel to prosecute said action. This the 3rd day May 1913. ( Le Wee Court. SUMMONS FOR RELIEF.—Judge.— Printed and for sale by Brady, The Printer, Statesville, N. C. 3-15- 13-1M. lee x Qn NLL Countyo-$n the Superior Court. (5S ge ~< AGAINST . SUMMONS FOR RELIEF. A State of North Carolin : a To the Sheriff of “County—GREETING: Wou are hereby Commanded to summon the same being wa _ i OE which will be deposited in the office of the Clerk ofAhe Superjor Court for said County, within the first three days of said Term, and let said Defendant......... take notice if AMK.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. STATE OF NORTH CAROLINA, PVR OR SA PEW AOOO SSRI YSEIIISOR ISS IS ERSOPIOSNISCEUS EOE E LOSES ES HOY ES RCTereyeEoEETeapeseenen ene seoenscteseetesecereeeeneesee AGAINST BOND. We acknowledge ourselves bound unto. ccccccscescisc--esnsevssssosspntnesssseseitesseteepeeeee etc the Defendant... in this action, in the sum of... ; eee eet Dollars, to fe void! however, if the. Plaintiff. erste shall pay the Defendant.............all such cost as the Deféndant.....___. may recover of the Plaintiff... _in this action. | | Witness our hands and seals, this... CE A) A. D. 191 a . ss Fa er ceseepece eerree (Seal) Seer roe eeretmnseceerm nase meets (Seal) pe Seer reveeteatinerte de opts etetan ec ered es pees (Seal) sovesvtenannestensnsccsenssnensntnnnssasesenrncnansesseseesssstnnsusvesestertte” esueseecconmeece 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... cr 1G. erm, Igl........ ‘SUMMONS FOR RELIEF. Returnable to... of the Superior. Court of... Received nee eines cm 7 North Carolina Superior Court Iredell County May Term,1913. Q.F. Bell, Plaintiff —-Ve-< Southern Railway Company, Defendant.. The plaintiff, complaining of the defendant for cause of action, alleges and says: ~—First-— That the defendant is, and was at all times hereinafter men- tioned, a foreign corporation, duly organized and existing under the laws of the State of Virginia, and engaged in thé business of a common carrier, for hire, of freight and passengers in the State of North Carolina, and was‘in possession of operating and controling a line of railway through the City of Statesville, in the County of Iredell, together with its yard, track, depot, engines, cars and other equipment. | =—Second-- That defendant's main line and yard track crosses the public high way immediately East of its Freight and passenger station in the City of Statesville, at which point defendant is required, and does keep, a watchman, whose duty it is to notify the users of the public hi ghway when they can safely cross the track of defendant, as said point. ew~Thirda= That on the as dee of NOU 1912, plaintiff Was driving his wagon and team of mules over the highway crossed by defendant's tracks, as aforesaid. That when plaintiff reached the point on said highway where it is crossed by the tracks of defendant he stopped his team, that defendant's shifting engine | | passed over its tracks across said highway and was stopped about a hae) 15 feet from said crossing and in such a position that the corvmatei and agents of defendant in charge of said engine had en unobstructed i nt # view of said crossing, that the watchman then signalled plaintiff to cross and plaintiff in obedience thereto, drove his team along said highway and upon the tracks of defendant, when defendant without warning and in violation of its duty, carelessly and negli- gently caused some part of the machinery of its engine to be put in operation producing a loud and deafening noise, frightening plaintiffs mules and causing them to suddenly plunge and run down and across the tracks of defendant, That in plunging and running over the ties and tracks of defendant the entire hoof of one of plaintiff's mules was either pulled or knocked off, rendering it Uy har “tenon : worthless ,so that it Gal to be killed, and the other mule was injured and strained about its back greatly damaging it. ~—Fourth-~ That by reason of the negligence of the defendant, as afore- said, causing the injury to the plaintiff's mules as aforesaid, Plaintiff has been damaged in the sum of Two Hundred and Fifty ($250.00) Dollars, _ WHEREFORE, plaintiff demands judgment against defendant for the sum of Two Hundred and Fifty ($250.00) Dollars demges suffered as eforesaid, and for costs of action to be taxed by the Clerk of the Court, and such other and eerthae relief, as msy be just and et Leg = Gj Attorneys 5 Bette a ~ Q.F. Bell, being duly aworn, says, that the foregoing Som» proper. plaint is true of his own knowledge, except as to those matters and things stated therein upon information and belief, and as to UE . KEL aa, those he believes it to be true. Sworn to and subscribed before m4 thip the <4 day of NEY. 1913. North Carolina In the Superior Court Iredell County May Term, 9136 Q. F. Bell, Plaintiff vs Southern Railway Company ,Defendant. The defendant answering the Complaint, for Answer says: -=first-- That it is a corporation, duly and originally created, and organized and existing under and by virtue of the laws of the State of Virginia, and is engaged in the business of ea common carrier for hire of freight and passengers in the said State of North Carolina dn elsewhere. --Second—= That it is true that the defendant's main line crosses the public highway East of its Freight Station, in the City of Statesville,North Carolina, where it keeps a watchmen. aeThird— That the allegations contained in the third paragraph of the Complaint are not true, except that portion thereof, which alleges that the plaintiff's mules ran across the tracks of the defendant, and that in so running injured themselves. ~~Four th-= That the allegations contained in the fourth paragraph of the Complaint are not true and are denied. Ané for a further answer and defense to plaintiff's cause of action, the defendant says: That at the time of the injury complained of ,one of the engines. of the defendant was standing up and near the freight depot some 150 to 200 feet from the crossing East of said depot, making no noige or unusual sounds, and after the plaintiff's team had safely passed over the crossing Eest of said Station, and while said engine was etanding still and making no unusual noise, the males of the pleintiff became frightened, and ran away, crossing the mill track situated some distance North of the main line, and injured themselves, without any fault on the part of this defendant. And having fully answered the defendant asks that it go hence without day and recover its cost in its behalf expended. _BeA. Cowan, being duly sworn, says that he is the Local Agent of the defendant Company, at the City of Stateaville, North Sarolina, that he has read the foregoing answer and that the same is true of his own knowledge, except as to those matters and things stated therein upon information and belief and as to those he believes it to be true. Sworn to and subscribed before me this the -se--— day of June,1913. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF Dee County--GREETING: Wou ‘ bereby Commanded to Summon....... UW, G. Nery, LD Auge personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at the Na in.......... ob) Labor. on the... Ver Ve UNO UN a Superior Court FOr ecco eccceeeececeesneeeeneeee County. Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, -County--GRE Dek Superior Court for....Z.... Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. §-15-’07-2M. STATE OF NORTH CAROLINA, TO THE SHERIFF OF Defendant.......... . And this you shall itt no wise omit, under the penalty prescribed by law. WITNESS, -.2..-..sse--escoecceesceeceecoeecceceeeeneseeeeneeesst fab osha oan ccsanbtnrcdsaasepnyepeicsioadoyees ent eres sees , Clerk of our said Court, at office ee ee ae pipe /?- 0 fas Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF ee eee next, then and there to-testify and the truth to say in behalf of... "QAR eet in a certain controversy before said Court depending, and then and there to be tried, wherein 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 preteet County--GREETING: foes ARE HEREBY CO Aaa. Cyti77ttt ge 7 personally to appear before the Judge of Superior Court, at the next Court to be held for our said county at “A the Court House in...727 a . Defendant.......... And this you shall ip nq wise omit, under the penalty prescribed by law. WITNESS, , Clerk of our said Court, at office Bill of Costs,—Civil.—Pricted and for sale by Brady, 7 r, : DT EE ORR ee eee OL ARSE. We... Dechet_...... Every copy of samme..css .sssccscssssecsssssesssesssessesseeee ieeeaeuens BB | cessssece ITT cexiccn [oan ase Bond, including Justification. ...................00. cesccessescceseeescesesencens 500 Misesececerce 2-H. pecaiie tence aesateree IN THE SUPERIOR COURT | sppeat trom Sustices ce sss woes nnunnninnn 150 | ener one Appeal from Clerk to Judge..............scsscsscesesseres soseesessesseseeceeeres BESO) || lesccoteceset S.BM..mf eel eeeeree Order for enlarging time of pleading..............0.. cesses cosssesesssees AMES Il cccaae sass ~ ee rT soesereces| cavsssere County. aA RREORTOCUL OF Y 1 OF CORG transrtenenesrensacecersereetarssesterot astresaceensserressrerses 385 |) osscesecees Ss Seotberers | mrerterta ~ AGemectman§; Order $00 2cccsecasccesecsa:-cocsesesscascecescse-) esnsetesessaaseasiaosess BOO Hlecceclecss| [seceseesl lcoccercerecs | -osescces Injunction Order, including Bond and and Justification... ..... 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Peace cnensteatNeasccctesrestcers’® SOO) I lecrsecessens|senesters | cccsaiecess | cescer ese Judgment in favor of Widow’s Year’s Support...........0.. sce. sees BOO esereesoetan | cece coce| leeeeeeeeeeey leeeee = oe Docketing Ga te.c.:c-csecccrsccsccrssscocessersess coirenercese escacracetrsetese teste RO [erceeererts 25, ] sss sssseefossseeeee Docketing ex parte Proceeding ..... 0... ....1:. ccsssscese cocsecescssceeees ZOO) | |coceseccones | coceessse||"ecalwccessll eccceress =< SWARM Goon coves ccstevworees scatcaceneenorcece score evees Cevevessece ere ca) || Peccseeete: = 2. secceee] | secsesenseee |eseeeoees Se CVUIILINOUS cceesscccesscasccccteceiesctsceceeessereavsactscrereteerterset tts ea] |leseesensssas IG Beet lnesoeene Tndexing Judgment. .2.-:--..cccecc ceseveses: cccevsecsscsoccsexceccsoveseceececsses SLO) || cccccssoseee] << Solscel lesegsesseeet] c-csecces , Piling PO POTG::.250:<002.2<.ssccssce seoceressace) corse conscecesese coeee eneees cecceceece SLO) llesessceesets £Q. Sracecscetee| ieceseses id Poatege, Qt o-cce -cece cccoseceeecscars asasascsnstescssare) caarasssvercetececessee | oceecse) [Leste coves 4.2. &..... Blecetstecs Transcript of Judgment.......... atecseece sever asaserecssessncoceres Peevesentenee 25 ||. .cccsesseee| eo Secsess[| crecaceresss |aacestees Execution and Sheriff's Return............:.5.-ccsesccvsssscses scssesecsee cree BOO |fereerszetess MAE) occas] cnseeeee Appeal to Supreme Court, including Certificate and Seal....... ... 300 | | oeeces y i B.h. fp Bl oecserere Transcript to Supreme Court............ copy sheets, each.............. LO || ecssceliecees| Seccsoes| lescesseverss| cosssecee County Tax, when Jury impaneled...................cssccccsscce sesseceseees 8:00 || <c0:<< 3. ON) occcccesees|eecessee 2 > oO. ° RORGTOO]B ALLO WANG cceerscenescoceessvoctl osczsesramsag accel <escecsenee secevesesterseem erator | cncesmeetete srecreeel | ssccsesecee| seeceees s Sheriff... Gia Mi... sessaee veoh, |ZMA|| corceccccesfecesenen ‘cee Gor # Bit seceese _ ee Sa aac | ecccrries 6b “sf eee con “lonkans a save olor LAN ccerccsene| sneer 7 G D * Constable bef. ..< Aa Ane aJacth.. paceneeseceateenresettesrenenl |i tersetieces| 2 GOV cece deseeeceen tt hn “ “ “ “ “ “ Defendant’s Witnesses “ “ “ “ “ “ “ “ ‘ i ‘ a, * £ 3 at — jsurvb py (-opop ayy 4g pexy sy) “TAD-SIS0) 40 THe rere mee — teed ae i ane ann “ON Railroad Records 1913 SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady, the Printer, Statesville, N. C. '6-9-'09- 1M, ra ns County.-- In the Superior Court. St Re nee e ener nen eneeeeneeneee pe peeeeeeteseeseeseeeeee 27+ DIXON = | AGAINST SUMMONS FOR RELIEF. SOUTHERN RAILWAY COMPANY ..... ¢ i S | S249 2 e Et Ff ae ; bt . nh 4 ) FN 7 c qj! : i wee et }: $ State o Nort RCar dling. A! = x OH Pa = " To the Sheriff of __ pa = _County-GREETING: =H r- i “i ou are hereby Comupanded to® buipmon ee i l s Set = : # it a SOUTMIEA-RATUNAY, couPar i i 2 i OC ad —_ Sd tg = x eceeveee: Ki Wee encenebecceseesesabens f i : = iA eee i ee tom 2 ff - } ho. ag eee oe too Se {i - s ; ov e } = : E: u ae ee | > m COLIN TS Hay Ae TPE peer gre {pre ene asseae uanenande op A SSSSCARESEAE ELTA ACCRA LESIASEAEE Ea IES ASAELLZSLIEER cweecemeeesnnsccnneeeee (iG ARUN Ie COpbe! pypiiiaet cog Diebei. excubr poor c7ccagpy moe pornt Raut rhe PO fo AOE fe ccth of forge Preutgacy gojpwee (ecsy") woceccce peepeeterers ecrvcccccccece ° eal ye the defendant....above named, if...27. be found within your Poa a to » be and s appear : before the Judge of our Superior Court, at a Court to be held for the County _ Sepciesesrees at the Court Hou n as (PFATEENIMGR. 3 ct tte! | Heche beg BOCR nan ypcoes Mig yy PRB 1 ¥g12 EMEHnswer the complaint, a copy of WHICH Wil tHe AESSENE in the Office of the Clerk of the Suipériot Comte Sale Moarity within the firsetheee dpys)pétsaigs Merm; und det eeid Defendant nt.take notice if £80 they fail to answer to” tho gaid cowpphint Withip, thet time, 4becplentifics..owil] apply to the Court-for the relief-demanded-ia the-complaint,——---—----- ~ Hereof. fail not, and of.this summons make due return. VOVi“eL Couuigr \ 1# ¢p6 Qabcssox Conse: @iVLE OL ZLOKLH CY HOrIUN’ STATB OF NORTH CAROLINA, \ In the Superior Court. ee BOND. etP wek yars° We acknowledge ourselves bound unto. : the Defendant.....in this action, in the sum of Dollars, to be void, however, if the Plaintiff shall pay the Defendatt.:....:...:all vach cost as the Defendanto5¢..may recoveryg$ Lhe; Blgiptiff...__in this action. + Se) over and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me this day of. 19. Ove eeseeereeesecersereeseteeeenenstees ‘ itm een NO A IT ALLIS A NTE Ag OR RS COCO NEP See ee TP RT. pee pn oe onene ~ aaa ter: : Fe. hs { 2m - i § i | if © 8 é a eee < 7 jet. i po ‘(ies | |] tonaupehtuvirevs 1g |@ = ¢ ber hes ye | 68 po} TS | sg oe 3 g - | be: | Liduc = go) oF om gs 6 eo << a i “a Ss CONBVAA ° SONLHERM EVITALVS B° dZ * DIXOL IKEDETT North -Carelina i In the Superior Court Iredell County. J Mw, W.T.Dixon j va- { Application to sue as a pauper Southern Railway Company | _ To The Honorable Clerk of the Superior Court of Iredell County: . | | This is to certify that I have examined the o@se of the plaintiff in the above anxieies action ,and believe that he has a good cause of action in faot and in law. Ti oe W.T.Dixen being duly sworn says that he is unable to give suréties ,or make deposit required by law ,to enable him to procecute the above entitled action against the defendant ,and therefore prays that he may be allowed to ¥ sue in said action ae a pauper. ' y - ‘ North Carelina ] Xin The Superior Court Iredell County. 1. : W. T. Dixon | ve- | Order granting leave to .sue as Southern Railway Company dj a pauper. L.Im the above entitled case ,upon the certific*te and affidavit above set ous ,it is ordered. First. That the above named W.T.Dizon be allowed to sue as a pauper . "—- Becond. That H.P.Grier and Zeb V.leng be asesigned as attorneys to procecute said action, This May 6th 1912. North Carolina J Superior Court. Iredell County. i liay Term 1912. W. T. Dixon | -vs- I COLPLAINT. Southern Raliway Company j The plaintiff complaining of the defendant, for ~ cause of action,alleges and says: First. That the defendant is and was,at all times hereinafter mentioned, @ corporation duly organized and existing under the laws of the State of Virginia,and was in possession of,owning and operating a line of railway from Salisbury N.C.through Statesville N.C.to Ashe- ville N.C.and was end is a common carrier of passengers for hire \ between Statesville N.C.and Salisbury N.C. "y Second. That on the 23rd day of December 1911,plaintiff applied to defen- dant's agent et Statesville N.C.for transportation to Salisbury,N.c. ¥ on defendant's regular passenger train,scheduled to leave Statesville for Salisbury at about 11 OXclock onsaid faveunee pleintiff paid the charges demanded and received e ticket antitling him to be ssfely transported on said train over defendant's line to Saldgbury,¥.¢. Third. That on arrival of said train defendant received plaintiff on its pancine < pasasneer from Statesville H.C. to Salisbury,N.C. but defendant carelessly and negligently failed and neglected to provide sep sient means and facilities to carry and transport its passengers aboard ssid train and carelessly and negligently vermitted and allowed said train to be overcrowded,so much so that plaintiff was unable to find avseat on said car but was forced to stand up on said train; that while plaintiff was in this position and suvporting himself as ~* best he could,by holding to portions of the car,he was,by the negli- j gence and carelessness of the defendant in failing to provide him a seat and in carelessly and negligently operating its train,suddenly and violently thrown backwards against the car and upon the floor, his side painfully wrenched,injured and wounded whereby he has since suffered great pain of body and rendéred unable to preform his usual labor for two weeks and is still disabled by reason of said injury all to his great demage,to-witiin the sum of $ 2000.00 Wherefore he demands judgment against the defendant in the sum. of | : 3 - he i] of $ 2000.00 da suffered as aforesaid end for costs of this action to be taxed by the clerk of this court and for such other and further H Phy. We poboag Attorney for pisiktste. relief as may be just and proper. W.T.Dixon after being dulf sworn,seys that the foregoing comp]aint is true of his own knowledge,except as to those matters and things . therein stated on information and belief and as to these he believes AAG? Bitin Sworn to and subscribed before it to be true. me this the day of June 1912. <_ North Carolina In the Superior Court Iredell County May Term,1912. W.T. Dixon,plaintiff, -vs- ANSWER. Southern Railway Company, Defendant. The defendant answering the Complaint ,for answer says: --First-- That the defendant is a corporation duly created, or- ‘ganized and existing ,under, and by virtue of ,the laws of the State of Virginia, was, and is a common carrier of freight and passengers for hire, between Statesville,N.C. and Salisbury,N.C. --Second-- That the defendant has not sufficient knewledge or inform- tion to form a belief, as to the truth of the allegations contained ‘4n the second paragraph of the Complaint, and therefore denies the same. --Third-- That the allegations contained in the third 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 bathe 23rd day of December, 1911, the train #36, upon which it is alleged that the plaintiff took passage was provided with coaches reasonably sufficient to seat and carry com- fortably as many persons, es in the exercise of ordinary care, the defendant should have reasonably anticipated wonld demand to be carried thereon, and which,upon said date, as well as other dates was the usual train for the transportation of passengers, & - and which 41d accommodate all passengers in the regular course of travel comfortably seated, and if upon said occasion said train was over erowded, the katéndant had no notice prior to the arrival of said train at Statesville, that it was required or intended to receive as passengers an excess of passengers at Statesville ,N.C. ‘more than the usual number. -»Second-- That the plaintiff was guilty of contributory negligence, in standing up, in said train, while it was in motion, and in not seating himself therein, as it was his duty to do, and as he could have done. And having @ully answered the defendant asks that it reoover its costs in its behalf expended, and go hence without day. ounse or the Defendant. , being duly sworn, de- poses ang says, that he is the Local Agent of the defendant Com- pany, at Statesville,i.C.; that he has read the foregoing Answer. and that the same 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 subseribed before me. this the --- day of august,1912. “North Carolina, | Ta the Superier Ceurt, Iredell County. | January Tera, 1913, W.T. Dizon oon 2 . grees Affidavit and Order allewing rie : a ae Wit. pines te appeal as a pauper. , Seuthora Reriways F a tent w.T. pixen, ‘peing duly sworn, deposes and says: That he desires te appeal frem the judgment ef the Suparser Ceurt in the abeve entitled cause zr the Supreme. Court ef Nerth Carelina, and that he is unable, by reasen ef his peverty, te make the depesit er sive the sesurity required by law fer said appeal, and he asks that. he be allewed te appeal frem said Judgment te the Supreme Ceurt ef Nerth Carelina as in ether eases ef appeal witheut giving decurity therefer. ae HL. Le See Swern te and subscribed befere me this the 8th. day ef “eb. ,1915. Lmschsttaud C. 5.0. / I de hereby eertify that I am a practising atterney ef said Superior Ceurt, that I have examined the aferesaid eases, in the abeve entitled cause, and am ef the epinienrn that the decissien ef the Superier Ceurt, cn said actien, is centrary a Atte PHeye It is erdered, in the abeve entitled cause, that W.T. Dixen be and he is hereby allewed te appeal frem the judgment ef the | Superier Ceurt— te the Supreme Ceurt ef Nerth Carelina as in ether — oases ef appeal witheut giving security therefere. 0 a Judge Presiding. North Carolina In the Superior Court Iredell County January Term,1913. W.T. Dixon ,Plaintiff, --V8-- JUDGMENT. Southern Railway Company. Defendant . This cause co™ing on to be heard at this term of the Court before His Honor Harry Whedbee, Judge and a jury, and being heard upon the whole record, and the issue submitted , and the jury having found in response to the issue: “Was the plaintiff injured by the negligence of the defendant as alleged in the compliers’ * Ho.®* It was therefore considered and adjudged by the Court that the pleintiff recover "“Nothing"because of his said action, and that the defendant go hence without ge Presiding. pa WH oleae W Bt aecce Jeriezt pacer teat ~ Molen ne, 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 YOU ARE HEREBY COMMANDED TO SUMMON .......... Defendant.......... . And this you shall in no wise omit, under the penalty prescribed by law. WITNESS, , Clerk of our said Court, at office DEPARTMENT OF CULTURAL RESOURCES DIVISION OF ARCHIVES AND RECORDS CERTIFICATE OF AUTHENTICITY This is to certify that the micrographics appearing on this film are true and accurate reproductions of records originated during the normal course of business by the Iredell County _ and consist of Railroad Records 1860-1928 The records begin with C7”, 054. 925.2 1906 andend with _€. 2 C54: 972y 9 1973 It is further certified that the above records were microfilmed in conformity with the provisions of the General Statutes of North Carolina, chapter 8-45.1 and 8-45.4, “Uniform Photographic Copies of Business and Public Records as Evidence Act"; that the microphotography processes accurately reproduce the records so microfilmed; that the film forms a durable medium for reproducing the original, if necessary; and that the film used conforms to American National Standards Institute, Photographic Films-Specifications for Safety Film, ANSI IT9.6-1996 and American National Standards Institute, Imaging Media (Film)-Silver Gelatin Type-Specifications for Stability, ANSI / NAPM IT9.1-1996. This is further to certify that the microphotography processes were accomplished by the undersigned on the date and at the reduction ratio indicated below. Date filming of this reel began_/--) - 7 ¥ Reduction Ratio V@FIOUS Date filming of this reelended _/- 7-/4Y MWh hhes Soul ball. Microfilm Camera Operator