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HomeMy WebLinkAboutRailroad Records 1916-1917 Railroad Records 1916 i ee nn ca eee STATE O§F NORTH CAROLINA, . . In the Superior Court. cost as the Defendant may recover of the Plaintiff Witness our hands and seals, this. ZLLA.day of. be found within your County, to be and appear before the Judge of at the Court House in the same being the , and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant take notice if............... they fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. 3-15- 13-1M. vip: a SUMMONS FOR RELIEF. the délendant . ...abeve named, tect: a. an found within your Comntyy to be and appear before the Judge of oor Strpertor ‘Conrt, at a “Court to be held for the Goniby oboe, ceneecenneeecessenneesnnnnne nat the Court Honse fh ; on a eee Monday after the. { ae Monty of. pd. aise 4 te shri ‘beitig the... as S.. day Of... 5). SORA 191 \% : and answer the complaint, a topy of which. will be deposited im the office of the Clerk of the Superidr Court for said County, within the first three days of said Ter, and let said Defendant......... take notice if: f_....they- fail to answer to the said complaint within that time, the plaintiff... will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make dué¢ retweg, Given under my ftant and seal of said,Court, this. Z AGAINST We acknowledge ourselves boun Ie esses ese sioc ten sen css esse tee ce ena rnn terse vtyc press seomesessr onary sue elvep apt rerectne the Defendant.......... in this action, i Dollars, to be void, however, if the Plaintiff... Mo Nc ccc ccccceeeeeneeeeeeeeeenece shall pay the Defendant................... all such cost as the Defendant... ie Witness our hands and sealsNthis.4a\ W.... OO CE ase aarp ta sense eee AWD, t6f.. er sce ere ps ce errr (Seal) ee (Seal) (Seal) 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... RY OE occ ce esecrence cece cnn fe agecninavto beans tie IQl......... sec enecen cnc ce nec teerecncsccceernceensecen wecweccesensccess nee e ses eGMNBSeescce=ssetecsescee .Term, Igv........ Plaintiff’s Attorney. SUMMONS FOR RELIEF. of the Superior Court of... Returnable to... Received ...- * e*3 es, ane gtaiewe ace -— eee : i In the Superior 6urt. Worth Carolina, j Iredell County» | To the Clerk of Superior Court. The undersigned respectfully shows to the Court that Teele ie Troutman igs an infant vzithout general or jestamentary Goardien: that seid infant has a good and meritorious cause of action against the Southern Railway Company for damages for the negligent destruction ard brooking Ur of sone me persoral “property belorgirs to said infant to wit'a buggy.The said buggy being destroyed by said Railway Company negligentiy runring its train against gaid buggy at a public crossing over the tract of the said Southern wailway Company;that the applican- ts only interest in said cause of action is to see that the rights of said infant are protected inthe event of his appointment as the ret ' friend of said infant. Wherefore the undersigned makes, applicati on Sect Prignd of/#ediOsii dha eh that he beappointed as ‘ext “riend of tebees ipeseeeed J ike Trout - man Jin gaid action.This _ AEs ta Of ------- Sept’, 1915. : CR L acankensan. ‘* Stigned in the presence of eee Zeb.V. Long> LZ Fog s ° sad 2 ET ny: ROMO ott ae Se ee a era nnn ONNE Ae cantata tbe Ahmar ona “ FS 9 2 ‘ af () North Carolina, In the Superior. Court- Iredell County: a Appointment of Next Friend’, Upon reading the foregoing applicationand after making due inquiry as to the fitress of h.‘. Troutman,ap.licant,it is 7?ound by the Court to be a fact that R...Troutman is a #¢¢#eghFi Beputable citizen am a fit and suitable person to act as next friend of Jéthou’si. Troutman, infant in ar action in his behalf again& Southern Railway.Company for damages Por the reglizent injury to property belonging to said infant: ard said applicart is hereby appointed to act as next friend of the said James ij,.tTroutman in said action. This-L4é Day of Sept5,l915.- North Carolina In the Superigr Court Ireiell County Way Term 1916 Julius M. Troutman, by his next friend, R.V. Troutman. Vs Judgment. Southern Railway Company. This Buse coming on th be heard at. this term of the Court and before His Honor 3.F.Long, Judge and it apvearing to the Court that the parties plaintiff und defendant hice compromised and settle the riatters and thing groving out of the destruction a. oy of the ie at and near Bostnins Bridge for the sum of Fifty Dolis It is therefore considered and sdjudged by the Court that the plaintiff recover of the defendint the sum of Fifty Dollars in full and complete settlement of the matters and things gro:ing out of the cause of action above set forth and the cost of the action to be itxed by the Clerk of the Court. Judge Presiding. = ts Julius If. Treatmen, by his next friend. Vs Souther Railway Company. Judgment. Bill of Coste—Civil.—Printed and for sale by Brady, The Printer, Statesville, N. C } Original Summons, or other original process, including all MOUNER EMOUNED 6. ae 8 ke 6 oe a ae 0 SORE = 10.6 6 © © wite 6 6° 9° 4 42.6 6 @ 824 eee evewececepewcwewesewes | FAIR BD Bence ners cewn nner nencnvnrcenen ee © ee ee ee 88 8 8 8 OE TE we ewe o--- } Injunction Order, includin nd aud Justification. . . 1.00 Order of Arrest... .7. Uf". 7 yew BES 1.00]] .. Notifying Solicitor of Removal of Guardian ...... . 1.00}. Continwence . 5.5.7 ks et ttt te ws 30H — ; Notice, for each name over one in same paper. .... - 10} — Impaneling Jury... .... +--+ s+ see ee ees -10}} — ’ wn ncccageecaccccccestDiSeecsce secccnnnewsncccesetsenecenscassecscocsceccresccwceernscesaccososses Justification of Sureties, except as otherwise provided. . .50 Teen Judgment finalintermtime...... = .---+-+.-+ 4F,00H Judgment final befure.Clerk. ..... . ane 50}, Judgment in favor of Widow’s Year’s Support ...... -50 Judgment. ......--+-+--+++s-+-e- 25 . Summons........-+-+-+-+2+-+eeee- -25 , Postage, actual MOKA ee oe ese ees 7 Transcript of Judgment... .....-.- sees 25 = fowecutior-ant Sheriff’s Return. ..........-.-. «50 a Appeal to Supreme Court, including Certificate and Seal 2.00 Transcript to Supreme Court. . . . copy sheets, each.. .10 County Tax, when Juryimpareled........-..-- 3.00 ee —— Referee's Allowance .-. «6. 6 sm 6 tt tt te Rfeo te 2 oe ower oeeeee es ee eo ee ee ee te ee ec ee ele lel es «© 6 © «© © © © +. © © @ © @ © 56 6 («6 @ «6 (6 (= (6 e os ee 6 «© © © © 6 © © 6 © 6 © © 8 © & 1s © & = @ 8 % © 2 © © © © © © © © © © © © © © © © © eee €. «© © = « © © 6 @ @ @ 6 6 6 6 6,8 6 € So SS ae ae) 6) 8) 6) 6) 8 6 6 fe fe ie 6) 6) se 4 ee es eee e © » @ @ © © eee ete ele le ltl hlUKchlU HhlUC OU * 28 © © © © © © © © © © © © © e © © © © © © & s some oe © © © @8 + © © © © © © © © © © © © © © - NG ee CIVIL DOCKET. BILL OF GCOSTS--CIVIL, (As Fixed by the Code.) Railroad Records 1916 , SUMMONS FOR RELIEF.—Judge—Printed and for sale by Brady Printing Company, Statesville, N. CG. ___ raga ~~~ County—In the Superior Court. ee ee ee ee ee ee ee ee ee ee ee ee ee ed Se we wt Ow SOS OO OO 0 8 OSS OSE BOO OTS ee ee oe wr OO 8 OS Ow OO we 8 EE OOO we ee ww ew ow we OOOO 6 ow ew ee we FO OM SUMMONS FOR RELIEF. eh ee al ee ee ee A Sm aw ee ee OE Oe ee wr we ew we we ee ne re ee nen nr errr reer State of North Carolina. To the Sheriff of ___,Irede11___:_____---County—GREETING : YOU ARE HEREBY COMMANDED to summéy -.____-_-_-_-_----------------------------+,-----+----- _aawesteeceenwenes JK. Morrison Grocery & Produce Company =} oj + | ---- eecneetecenecn fen deap en ecoccnnnecocteaenonsecoaecnaeecaatcnaedfeecnmecnnntocent ee tee BE eee eee een mennnennenenenenerecie een eo a ww ene ee ee ee ee Oe ee Oe ke es ee ae ee oe nn oe ere a bn 0 0 es en ws a a ne 0 wn oo 8 SS SS FS SFB eS TE the defendant__ above named, if- it --be found within your County, to be and appear before the Judge of our Superior Court; ata Court to be helt for the County of_.._-ITradell _._.__- at the Court House in Stetes ville,-.-.on the--11-Monday after the-1st_.Monday of ..._Maxrab____.._____----- , the same. being the-@&__-day_ of ____ May. eee ner en anew -191.6_.,, and answer the eomplaint, a gopy ef which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant_-.- take notice if At Sbbianbe fail to answer to the said — complaint within that time, the plaintiff emai will sculy to the Court for the relief demanded in the com- plaint. Hereof fail not,.and: of this summons make due return. Given under my hayd-and seal of said Court, this 29- [idoWdd9____ APTI 1_._...---- 191.6. Clerk of . ‘ ‘ 4 ; ; ‘ rt 2iV Ls. OF “Civ LH Pee ci Cit < f s 0 rc = 4 ° Z * ° wl < - # In the Superior Court. = ce @ hb... _ County. _...---SQuthern Railway Company BOND. i Se ee Ee ee Ee a ee ae et a Se ee ee ee ee Against _-_.JeKe-Morrison Grocery & ss _...........Produce Company uce CO. & the Defendant____ in this action, in the sum of.._.Two Hund red_____________-___Dollars, to be void, _Pro We acknowledge ourselves bound unto___.__ ha J.»K.-Morrison Grocery. & however, if the Plaintift.._Southern Railway Company son pay the Defendant__.._- all such cost as the Defendant_-____ may recover of the Plaintiff__._.._ in this action. “$. , this.29__.__day of______-_--0- APYTA________-_A. D., 191-6-_ Witness our hands and seals. e sum of two hundred dollars being sworn over and above his debts liabilities and property exempt from executi ? Sworn to and subscribed before me this____-__.day of ---.---._----_---------___191___- L? 7D a “3 Long S94 “AoMIO}Y 8, JULI ; Pema TISUET ED ST ISME THO | ' | ee a ln oa. ‘AyuN0N-- TTS PSAT ~Jo nop Aowedng oy} Jo | r ““OLGT “Wasa yr------ =“ ~ Heyy oiquarnjoy - | | 2. Le | “ASITIY YOd SNOWANS ) ee xitvantoo” woraoar z “Y AMLDONY NOSTaHON- VE MA HS suwby 2 = ZNVaNOO AVNTIVE “NeeHUION-—~ || * ¢ a on! | XdOD ADI dO . Ont % North Carolina In the Superior Court Iredell County May Term,1916. Southern Railway Company,a Corporation i eves [ cOuMPLAINT J.K. Morrison Grocery -& Produce. Company. § The plaintiff complains ami says: --First — That, it is, and at the times hereinafter mentioned was, @ corporation organised and existing under and re wirtue of the laws of the State of Virginia, and a common carrier now, and at all times hereinafter ment ioned engaged in the trans- portation of passengers and prorat by railroad in Inter state Commerce in the States among others of North Carolina, South “Covetius ““séorgzia ani Aletema. inl a-aSecond-=— . . That the defendant is, and at the times hereinafter mentioned was @ corporation, organized and existing under and by | virtue of the laws of the State of North Carolina, deing business in the City of Statesville, with its principal office and place of business at Stateaville,N.Ce ~-Thirde= nm That on or about the edrd fey of June, 1913, i7th day: ee: af February, 1914; 4th day of Karoh, 191€, Orr Laubenhe imer: Com pany , of Mobile Ala, Aelivered | at Mobile “Alas, to the Low&sville ext Nashville Railroad Company, a corporation, now, and at all times hereinafter mentioned common carrier engaged in the transportation of passengers and property by : railroad, in interstate ‘commerce, between Mobile Alas, and Ine ne Man Yards,Ga., and and elsewhere sures: car Loads: of Bananas » * weighing 10,300; 11500; 10600, but no rate existing on 1008e bananas less than car ioad , mink&mum 20,000, pounds, direct- ing that the same be transported from said point of origin via the lines of the said Louisville and Nashville Rail~ road Company, to Inman Yards, Georgia, and there delivered to the plaintiff ,Stutherm Railway Company, to be thence transported by it, to Statesville. N.C., and there de- livered to the defendant. Said contracts of transportation were evidenced by Bills of Lading, copies of which are hereto attached and prayed to be read as a part of this com plaint. The contract in said Bills of Lading contained showed, among others, the following provision: " The owner or consignee shall pay the freight and average ,if any, and all other lawful charges accruing on said property ,and ,if required, shall pay the same before delivery." ~-Fourth-= That, on or about the 17th,day of March,1914, Orr Lauben- heimer & Company, hobile,ila. , delivered at Mobile ,Ala., to Southern Railway Company, a corporation now, and at all times hereinafter mentioned, a common carrier in the trans-= portation of passengers and property by railroad, in inter- state commerce between Mobile,Ala, Inman Yards,Georgia., and elsewhere., one car load of bananas of 11700 pounds directing that the same be transported from said point of origin via the lines of the said Southern Railway Company to Statesville, and there delivered to the defendant. Sad contract of transportation was evidenced by a Bill of Iading, a copy of which is hereto attached and prayed to be read as a part of this complaint. The contract in said Bill of Lading contained showed, among others ,the following provisions: "The owner or consignee Shall pay the freight and average ,if any, and all other lawful charges accru@ing on said property, and if required, shall pay the same before delivery." ~ «~-Pifth-~ That said contracts were duly and fully performed by said Louisville and Nashville Railroad Gommeuy and by this plain- tiff; that the said Louisville and Nashville Railroad Company and Southern Railway Company duly and safely and in accord~ ance with said contracts transported said shipmemt to States-~ ville, N.C. and there delivered the same to the defendmt,. That the plaintiff paid to the said Louisville and Nashville Railroad Company, or accounted to it for the same the proper charges of said Louisville and Nashville Railroad Company for the transportation services rendered by it, and thence duly and safely, and in accordance with said contract trans ported said shipment to Statesville,lNeCe, and there delivered the same to the defendant, receiving on trans pore tation charges Three Hundred Seventeen & 48/100 Dollars. ~-Sixth.—. That at the time of said shipments the Louisville and Nashville Railroad Company and the plaintiff, Southern Railway Company, common carriers of freight and passengers by railroad in interstate commerce as aforesaid, had estab-~ lished, in obedience to and in accordance with the provisions of the act of Congress of !Pebruary 4,1887, known as the Act to Regulate Commerce, and the several acts amendatory thereof and supplemental thereto, and in accordance with the rules of the Interstate Commerce Commission established in pursuance of said acts, a tariff of rates which applied to the transportation of the shipments aforesaid from Mobile, Ala., to Statesville,N.C.g § That under ssid duly established tariff in force at the time of shipments there acwprued and became due for the transportation of said shipment between said points the sum of cents per 100 pounds, ora total of Five Hundred Sixty Eight Dollars, for the payment ~ of which sum defendant became liable to plaigtiff upon the delivery to it of said Shipments. ~~Seventh~= That the payment of Three Hundred Seventeen & 48/100 Dollars by defendant for said transportation service was insufficient to the extent of Two Hundred Fifty & 52/100 Dollars, which sum represents the difference between the charges paid by defendant and the lawful charges accrued upon said shipments, said sum of Three Hundred and Seventeen & 48/100 Dollars having been received by the plaintiff's agent in errer as covering the charges due upon said shipment. ~-Bighth-- That @emand has been made upon the defendant for the pay= ment of the aforesaid deficit of Two Hundred Fifty & 52/100 Dollars, but defendant has refused and still refuses to pay Same or any part thereof. --Ninth-- That the defendant is nov indebted to the plaintiff in the sum of Two Hundred Pifty & 52/100 Dollars with interest. thereon from the lst day of March,1914, plaintit?r specially . Sets up and claims and relies upon the provisions of the acts of Conrress above mentioned and shows that, by virtue of same and the matters and things herein set forth, it is entitled to recover of defendant and defendmt is indebted to it in the sum above mentioned, with lawful interest, WHEREFORE, plaintiff prays judgment against defendant in the sum of Two Hundred Fifty & 52/100 Dollars with lawful interest thereon from the first day of March,1914, until paid, and for the cost of this action to be taxed by the Clerk of the Court, and for such other and further relief as may be just and right. CabhurcilLy Ce See North Carolina Iredell County BeAs Cowan being duly sworn , deposes and says, that he is Agent of the plaintiff, Southern Railway Company, at Statesville,N.C.; that he has read the foregoing com-= plaint and that the same is true as of his own lmovledge except as to those matters and things stated therein upon information and belief, and as to those he believes it to be true. FA (O sity Sworn oe subscribed before me A =e =d of May,1916. Z ¥ Wr (Rf CEC Railroad Records 1916 Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. = §-15-'07-2M. ° STATE OF NORTH CAROLINA, To THE SHERIFF or A he Yue REETING; ARE HEREBY Ze) TO SUMMON. gf 40 . @ personally to appear befoyg¢ t we next, then and there to testify and the truth to sa , . of VP controversy before said Court depending, and then and there °2 whefein Leo yet ech wie LOW A, Zee Ne Senne Plaintiff lates Dy Aer ea Ue. VA . Lo Term, 190.: | decal Pas a | \ [erty North Carolina In the Superior Court Iredell County Raymond Templeton,by his next friend, ~V~ = ISBUES. Statesville Air Line Railway, Company. First := Was the plaintiff injured by the negligence of the defendant as alleged in the Complaint? if Answer := Second := Bid the plaintiff by his owm negligence con- tribute to his injury as alleged in the Answer? Auswer:= “Ee Vilar ie fThird:= Did the piaintift, assume the risk incident -to the employment as alleged in the Answerf- . Answer := /Vio | of} Fourth:= What damage ,if any, is the plaintiff entitled to recover? <n f SIO Ie S ~S <> A t - euahe rs ating , Etec aig oe 4 5 . . Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 5-15-'07-2M. STATE OF NORTH CAROLINA, cidoually € to appear the Court House "by Zo Vig ape he next, then and there to testify and the a to say in behalf of tried, wherein Py he Ae, eee ooh Superior Court for j 4 | "LOOMS kag CY Uf co ELF PR 41$) x Hf LYAHY ahr ‘WHIDy, — a ee ae ae GFE 97 oR TALD--VNIOdANS “ yEPMaJAQh ee - HHI NMORTH CAROLINA SUPREME COURT County:—upon consideration whereof, this Court is of opinion that there is....2&2 error in the record and proceedings of said Superior Court. It is, therefore, considered and adjudged by the Court here, that the opinion of the Court, ee— “era Ueenamieicd Ly Syn EL ORs sce ois woe seneatecsnnpenaecarnedana=n , Justtce; be certified to the said Superior Court, to the intent that the....<4<2 Fae Bes 4 to-wit, the sum of .......-.-- - and execution issue therefor. A True Copy: of the Supreme Court | Raymond Témpleton by his next Priend : Ho. 481, Mee, Templeton cae VB. . cs Statesville Air Line Railroad Company. | | . ; é This-16 a civil sotion tried at ‘Jamaary Term, 1916, Supertot’ Court of Iredell County, Ferguson Juiige, mpon these. issues: - | | First; Was the plaintiff injured by the negligence of the defendant, as alleged in the complaint? Answer. Yes. | | Second. Did the plaintiff by hie own negligence contribute to his injury, as alleged in the answer? Answer: No, Third. Did ‘the plaintiff voluntarily assume the risk dn : (cident. to the employment, a8 alleged in the answer?.. Answer: ‘No. Fourth. What damge, if any, is plaintiff entitled to recover? “Anewer: | $1,000, | rece ‘the Judement rendered, defendant mated. . Carter Williams, HX. P. Grier for the plaintir?; W. D Turner, Dorman Thompson for the defendant. PER CURIAM, Upon an examination of the evidence in this case, we are. of opinion that there is abundant evidence of negligence and that the motion to non suit was properly ‘denied, The three exceptions to the testimony are without merit, His Honor very properly Bub- mitted the question of vontributory negligence to the cousidera- “tion of thé jury. The ‘charge of the Court, we think, is along well established dines and free from error. HO ERROR/ Rs - ry f #3 Rreee / $ > ; . - » : ese .. - ” » . ¥ . " i me North Carolina Supertor Court Iredell County. Aug Term 1216. Raymond Templeton by his : next friend M,P.Templeton against. Statesville Air Line Railroad Company. This cause coming on to be heard and being heard upon the certificate of the Supreme Court handed down to this term _ and it appearing from said certificate that the judgment of this | court: wenetozu7e reniered in thig case was in all things affirmed - It ig therefore considered and adjudged that the plaintiff proceed with the execution of the judgment heretofore rendered in this action at the January Term 1916 cf this Court. | . | | _ ~ “Irodge Presiding . ~ In the Matter of the gale of the property SR Peanehbes of the Statesville Air Line Railroad Company ,under execution. To Hie Excellency Thomas W.Bickett, Governor of North Carolina, see wt and the Honorable James S.Manning ,Attorney-General of No#¥h eee arr he linge pct a cee Ee - €arolina,each take notice: = | That under and by virtue of an execution,issued . by the Superior Court of Iredell County on the judgment rendered in said court he in the case entitled® Raymond Templeton by hig next friend M.P. Templeton ve- Statesville Air Line Railroad Company * to me di- rected and commanding; that I gatiefy said judgment out of the property of the defefigant, I have levied upon and will expose to public sale,at the cure house door of Iredell County, to the highfest bidder for oash ,at 18 O' clock M. on Wednesday THIF Aug. ,; lest 1917.,(same being the third day of the op Court of Iredell County) the following property of defendant , to wit: The right of way and road bed of the Statesville Air Line Railyoad Company as laid out and graded from the City of Stateaville N.C. Northward,through the twonships of Statesville, Bethany, Tnrnersburgand Eagle Mille ,to the Yadkin County line This the 29th day of June 1917. LL GL a nvkex eriff of Iredell Ceun oC. te, IEF Sa, et bP ee ot ae eid WOR et ROR ™ olin Mins gs . ‘ Notice of sale under execution a ee of property of the Statesville: Air Line Railroad Company. : t hereby accept service of thet within notice and acknowledge receipt of a copy of said nétige and waive further notice of sai sale, Thig June 30th 1917. OHM gc eces Governor of North Carolina os . « : Phew — os a ec ae. ce - Railroad Records 1916 = er See ee ree In the Superior Court. We acknowledge ourselves bound unto the Defendant and above his debts, liabilities and property exempt from executions. Sworn to and subscribed before me thie. AFL day of....... yA be found within your County, to be and appear before the Judge of at the Court House in the same being the , and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant take notice if.............. they fail to answer to the said complaint within that time, the plaintiff will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this \f2- peg te.) eer. aes ? §?; 3-15- 13-1M. ee anne F SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady, The Printer, Statesville, N. C. real Ze County--9n the Superior Court. SUMMONS FOR RELIEF. - | ai Fees ree ere eer ener age mga he the defendant . above named, tah ie found within your Coygty, to our Sypeg urt, at a Court to be hefd for the Cbunty of... | BE (KOT te = eae Monday after the... fi! Deane Monday of.” Csr a 7 the same being the... [Qoraay of: —— 19K. “, and answer the cabpaia a éopy ‘of which will be deposited i in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let mt Defendant... ...take notice if... a they fail to answer to the said complaint within that time, the plaintiff in will apply to the Court for the relief demanded in the complaint. Hereof fail not, and of this summons make due returg, vA Given under my Kend' and seal of said Court, We, Mh. a. Phas of. AL hen ctl ORs | STATB OF NORTH CAROLINA, 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... ea ee 1961... seers me newenenernnwcees ecenccseceencncencesece ser cce sense eens ncsscseeenssteceweensnsnsacesensenes .Term, 19l........ Plaintiff's Attorney. 2 Zz = < oO < SUMMONS FOR RELIEF. of the Superior Court of... Returnable to... ee Tens North Carolina In the Superior Court Iredell County . May Term 1916 Je Me Lippard, plaintiff. Vs o egpee.. Southern Railway Company, defpt. 2 ‘This. onuse coming on to be heard at “thie term of the Court before: His Honor BF. Lobe’ Judge, and it appearing to the Court that the parties plainthft and defendant have compromised and settled the matters ant! things invélved in this cause -for the sum of. One Hundred Dollars, and the defendant having consented and »greed to the payment thereof; &$iis therefore considered and adjudged by the Court that | 7 ween atte “tirepraintite recover or? the defendant the bum of One Hundred Dollars in full and complete settlement ot the claim growing out of the killing of the horse of the Plaintiff at and near the crossing near Bostain Bridge, and the cost of the action to be taxed by the Clerk of the Court. Judge Presiding. Jesse M.. Lippard, Southern Railway Co. - JUDGMEN 2 Bill of Coste—Civil.—Printed and for sale by Brady, The Printer, Statesville, N. C. Original Summons, or other original process, including all therein + $ 1.00}]---- MENGE COOY ORONO. 5 us. is se ws ss es ME eae alcowslaie ran Bond, including Justification... ........... -60} pes Ga ae Appeal from Justices. ... 2. 2... .....-22024-. SOU. - + isons = cre Appeal from Clerk to Judge. ............-. .50 | ee foes Order for enlarging time of pleading. ......... 686 Boson eee loans Interlocutory Orders .........-.-.-4-6-.-- -26 5 ~.|.-<-6---- wens Attachment, Orderin. ............2.4-4.6-. -§0 pee eoeeeloeee Injunction Order, including Bond aud Justification. . . 1.00}].___|____}]___- — Order of Arrest “ye eiciis) oe edietic nie oi 1.00] _..-]._.f-__- —— Subpeena, each mame. -I5 f]-_--]_--_}]---- a= Notifying Solicitor of Removal of Guardian . ...... I.00ff.___|____}]___- . Continuance ~ - 2... 2.ss6ss5 ese ac -30 DQ. nae Caveat to a Will, entering and docketing. ....... 2.008 22. |222-8--2 seen Issuing Commission. ..............+.2-+--. -75 W_---|_-_-H]----_ a Affidavit, including Jurat and Certificate. ....... aS Benes ere aes ee Seale aa e-news 25 Pf Motion, Entry and Record of. ............ -25 — INOCICS Tr i-inr oin cer cn to eT 25H tL _ Notice, for each name over one in same paper. .... . IO} |. Le Se Impaneling Jury... .......-+.-+-+-+-+-+:+:-s pes Besa: |seeemeoee AE Justification of Sureties, except as otherwise provided. . 50H | tL. _-. Judgment finalintermtime...... ....... 1,00 mA Judgment final befure.Clerk. ..........2.-.. -50f}_ oe Judgment in favor of Widow’s Year’s Support . .. -SOR__. |... #__- ae Docketing eame rer. 0-).)-m in) ron ncn: cnn nr -25 f mo Docketing ex parte Proceedings. ........... -§0 | See eee ee sas S60 Oadgpentt. . we ee es -25f}--__|.__ We — se Summons. ...........-+++e4e.-. 200 Ee pf Indexing Judgmest. 2... 55.62 3s ss we -I0 oe ee Filing Papers. ....... ......2..546-6 -I0 —_ Postage, actual ........ a > -- Feanscript-of judgment—£ >< f ee en -25 — Execution-and Sheriff's Return. ............ 50 \. a Appeal to Supreme Court, including Certificate and Seal 2.00 Transcript to Supreme Court. . . . copy sheets, each.. .10 County Tax, when Jury impareled Referee's Allowance . ... Sheriff... .. “ce Be iret incur sire eon cine cre cic ne eure Mno uc ne ME cers | een re = Constable. .... 2... 2... 2 ee ee ee et te —— Mogistrate = ==>) ss) eo) os) Bros | ew ou =e ee Plaintiff's Witnesses... .. 2... 2... 1 1 ee ee ew ew ww eneef- ee -feee ---- ae SO eee nec eos Defendant’s Witnesses... . ... 2... ... 2... 6 « « « eee} ee se BI Boe eee oe .s ere [+4 a er je Re cee eee ek ee Ree ee . oS NS icici suceue nce mrs *“e @ ee eee es © 8 8 © & 8 6 6 6 0D Obras <= % | CIVIL DOCKET. | eee BILL OF COSTS--CIVIL. (As Fixed by the Code.) Re cawenensenennccene ns cnen ees e sewn eens en nereetanen meteor sneee nn nceecne: teetencecensccewence Railroad Records 1916 SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. C. SUMMONS FOR RELIEF. * « a wv. State of North Garolina: CO" EZ ree the defendant_. above named, ifa@<!__ be found within your ae to # ry appear before the Judge of Bee. j County at a Court to be hejd for the Gounty ae Cac rts t the Court House in LOAM rast on rihe SN” onda the...4_°7 Monday of --= Ar _/ [Ae the same being the,.¥-/ day Of agree ae se eo nae 191.6._, and answer the complaint, a eopy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant__---take notice if. A“L___tlaeg fail to answer to the said complaint within that time, the plaintitt_ will apply to the Court for the relief demanded in the com- plafnt. ~ 4 : . Hereof fail not, and of this summons make due return. | 4 Given under my hand: and seal of said Court, this / FS aay 6h ewe ck in J on ’ PY Pay 00 9 TF, ee Gas | komaoyy S_ynUreid l ei ee ee a § Pb REL ALA ae AQ; ai; 44 sg (Tog a = Wisi y Bos aime aes 7 pap tues vii Ba t | E 5 ! ! eS y ay LHD a Wi 2s Pie OT E S WT ZIUD g 6 IPN EE F : He iN ER bpp Se $ enya eB g gyesa iat ¢ fg. fb bt 3: a ae, s . OSN EE SS Ged PTH T OTE © iw Ba. Ai «| : : 3 ' i FF MARGIN GE FP LO Oe : GO yy tec! VE ¢ Oo WN it h i Be y ore iti ig | Eg & sete AN Pe an ‘ : ‘: ra NYU Lae ee | Ss uh: ; iMag fe 5 ag | , aig Mab ES Og ES ona eRe SV i Sil a2 a (33 | gAoo aqoumeg UN | QM E ga ee igé 7 7 | ig 3 6 JR EY Biv § a2 Za IVS eggs ig : ES YY gine £ las ¢ ' ' ; -& — . g i © 6 & iat 'S) pH=S ? i § WU WU dese co © \sm ties ren: ie § A ON Diy) FAB 2 2a Vra7V7g PET Na SSS 35 3¢- 1 8 £ Sf (/ LiAle fi i : % : # | tes ! ° 4 + * along its road bed where defendant left the same rendering said North Carolina In The Superior Court Iredell County. As of_____—‘«‘Term 1916, Mrs Katie Angle Patterson ) -V6- i Complaint. Statesville Air Line Railroad Co., ] Plaintiff above named complaining of the defendant for cause of action alleges and says: FIRST. That the defendant is a corporation duly organized and existing under the laws of the State of North Carolina,for the purpose of building and operating a line of railroad in said State ,and was at all times hereinafter menp tioned engaged in laying out and grading its right of way and road bed through the County of Iredell ,State aforesaid, SECOND. That the plaintiff is a natural person ,a resident of Iredell County North Carolina ,and was at the times hereinafter mentioned ,and is now, the owner in fee of a tract of framing lands in Eagle Mills Township, said County and State,whereon she then and now resides. THIRD. 1915., defendant,having in its employ a large convict force and @ num- That on the day of per of free laborers,entered plaintiffs lands ,situate as afore-. said, and commenced laying out and grading its road bed along it proposed right of way through ,over and across plaintiffs land and continued its said operations until it had constructed a number of fills and cuts over and on her lands for a distance of from three fourths ef a mile te a mile;that in addition te the land actually taken for its cuts and embanknemts defendaht Charter gives it a right of way ,for all railway purposes of YO feet from the center of its track on either side of its road bed. FOURTH. That defendant in blasting out rock on plain- tiffs land caused great quantities of loose rock of various sized to be thrown and scattered over plaintiffs eaid lands land mere difficult and expensive to cultivate and theland less , teh a ; ae , ® og hoon Oem . - ¢ uo a ee . Di ea a be Bal a tT fi ce eee « 7 valuable. FIFTH. That prior to ,and at the time of , defendants entry on plaintiffs land and constructing its road bed threugh the same ,plaintiff had constructed and in operation a water system which supplied her residence and premises with an abune dante of fresh water for all domestic purposes,that said system was constantly supplied from a pond by means ef an hydraulic pump automatic in its action costing plaintiff nothing after its in- stallation for lifting the water from said pond to her residence; fhat defenante operations and the constructions of its road bed completly distroyed and rendered useless plaintiffs water system aforesaid and plaintiff will peat to heavy expense te ~ supply her premises with necessary water,which was theretofore REEMTERXEMEtKXmcherxtanxcMRxiNELMLAkiBNxX procured by the system aforesaid . SIXTH, That defendant by its cuts and em- bankments through her lands has distroyed her plantation roads and has made it necessary for plaintiff to make other roads and to construct and to forever maintain bridges where she had nene to construct and maintain pefore ;That defendant hes caused surface water te pend upon plaintiffs land,pro - viding no outlet,or no sufficient outlet,therefor so that it stagnates rendering her premises unhealthy and to be and become infested with mosquitos to her great damage and annoyance. SEVENTH. That by reason of defendants action ih entering and grading its road bed;its taking afright ef way through her lande for the distance aforesaid;the distruction of her water system as aforesaid ,and ef her roads and ways an d in causing water to stand and stagnate on her premises all as aforecaid plaintiff has been greatly damaged in the sum of One Thousadn Dollars . Wherefore plaintiff demands judgment against the defendant for the sum of One thousadn Dellars and for costs ef this action to be taxed by the Clerk ef this Court and fer such other and further relief ag may be just and OPE, io ZL ae ANG colt IK 5 J thy, tty Atterney for plaintirr. / a 4 North Carolina,) In the Superior Court. ) Iredell County.) Term, 1916. Mrs. Katie Angle Patterson, vas ANSWER. ) Statesville Air Line Railroad Co. The defendant answering the domplaint of the plaintiff alleges and says: First: That paragraph one is admitted. Second: That paragraph two is admitted. Third: That paragraph three is admitted except it denies that it "cut over and on her lands for a distance from three-fourths of a mile to a mile”. This it denies. Fourth: It denies each and every allegation con- ont tained in the fourth paragraph. Fifth: In answer to allegations contained in the fifth paragraph it admits that the plaintiff had a water | system as alleged in said paragraph, but denies that it was of the magnitude therein stated. All other allegations con- tained in said paragraph are denied. Sixth: That it denies each and every allegation contained in the sixth paragraph. Seventh: That it denies each and every allegation contained in the seventh paragraph. Wherefore, the defendant having fully answered, demands that it go without day and recover cost of action. Villines Attorney tor the Derendant. No &-- Kate B. Patterson JUDSIEENT vs Statesville Airline Ke =. Uol) Upon the call of this case the nlaintiff submits to voluntary non-suit. It is, therefore, considered and adjudgeaé that the plaintiff is hereby non-suited. Judgment against plaintiff for bonds and cost. sete sees Uy Pking. Judge Presiding. Bill of Coste—Civil.—Printed and for saie by Brady, The Printer, Statesville, N. C. Original Summons, or other origina] process, including all . MEMO UMTS «lade cae SOVOSS COUT OLGA. 2g cg cs sw te 2s et ee 25 Bond, including Justification... ........... .60 Appesl from Justices. ©... 6 65-5 ey se ee -50 Appeal from Clerk to Judge Order for enlarging time of pleading Interlocutory Orders "8 © © © © 8 © © © © © © © ew 8 ee Attachment, Order in Injunction Order, including Bond aud Justification. . . Order of Arrest oe © © © © © © © © © © © © © © Subpoena, each name ee © © © © © © © © © 8 we eee Notifying Solicitor of Removal of Guardian . Continuance o 8 © © © © 8 ee ee ele lel lll le lt Caveat to a Will, entering and docketing Issuing Commission Judgment Against oo @ © © @ © @ @ @© @ @ @ #© @ @ @ © © @ @ @ @ @ « -10 ._ 8 © @ @ Notice, for each name over one in same paper. Impaneling Jury ee © © © © © we ee ell lhl lhl lll Justification of Sureties, except as otherwise provided . . Judgment finalintermtime...... ....... Judgment final before Clerk Judgment in favor of Widow’s Year’s Support . .. Docketing same ] Docketing ¢x parte Proceedings Indexing Judgment Filing Papers... ..... 2.2... 2-2. e eee Postage, actual... Transcript of Judgment Execution and Sheriff’s Return .50 Appeal to Supreme Court, including Certificate and Seal 2.00 Transcript to Supreme Court. . . . copy sheets, each.. .10 e © © « « s © © © ¢ © County Tax, when Jury impareled Referee's Allowance ...............244.4-. e2e © © © © © © © © © © © © © © © © © @ @ © SU eS @ © 8 © 8 + « 8 6 6 6 6 6 6 6 * « @ os © sl 8 8 © 6 Se 6 6 @ 6 ee se 8 6 @ 6 ‘6 o © 8 “© «© 8 (6 @¢ 6 6 @ © 6 @ & (0 Se 6 '« @ @ © is = © 6 © «© © spew «© 6 © © s 8 «© © © ¢€ «@ © h: Defendant’s winessee(/ . -Io}} --—» > NO CIVIL DOCKET. BILL OF COSTS--CIVIL, (As Fixed by the Code.) Re \Road Ceconts 1917 I¥P*S WITNESSES H. C. Nicks. E. Webster Le We Holland W. A. Bvans J. We. Church Smith Holmen D. KY Kénerly STATE OF NORTH CAROLINA, In The Superior Court, COUNTY OF IREDELL. Ootober Civil Term, 1917. H. C,. Nicks eT Bie ee o8 @ 86 ©F ee a6 Southern Railway Company. This was a civil action tried at the Gctober 1917, Civil Term of Iredell County Superior Court before His Honor, &.B. Cline, Judge Presiding md a jury. APPEARANCES: For Plaintiff, 0. Menroe Adams, For Defeniant, Caldwell & Caldwell. Miss Rese Xermedy, Charlotte, N.C. Stenographer ea After the pleadings are read defenimt moves for Judgment as of non-suit upen the pleadings. Motion is denied, Defendant exeep te, <a He OG, Nicks, being dwiy sworn, testified: RIRBOT EXAMINATION Q You are the plaintiff in this actieqn? A Yes, sires | Q Were you injured by the cars of the Southern Railway ewitehing engine on the Statesville yard on or about the 16th dey ef October, 19157 A Yes, sire Were you in the depot on that day? Yes, air. About what time were you in the depot? About eleven o'clock. What time €14 you leave the depot? Abou’ eleven o'clock, a little after eleven o'clesk, Which way 41d you go from the depett Went west, That is the way you went on this aay you were injured . @ «esti you Left the stationt 4 You, pire 44 Where were you walking? om Between the maim line md the side track on the north side, q ‘te that your umual way of going upon leaving the depot? op St? rom BY THE DEFENDANT OVERRULED: DEPENDANT EXCEPSS, A. Yon, sir. o> © rp PP OC Yr C ele Q used by A Q A Se A we A Q how muc A Q A Q A Q A Q De you know of your own knowledge that this path is other people? Yes, sir. Where were you going to? ¥o the Glass Factory. Where abouts were you walking? Walking on the edge of the cross tiss. Where about’ 4id you begin walking on these cross tiss? At the crossing. and this space between the main line and the switch there h of the cross ties are above the ground? They are about level with the ground, Are they on a level from the main track? Yes, sir. Whe was with you on this day? My. Webster and Mr. Harley. Where abouts were you when you were injured by the cars? Five rails above the Imperial crossing. At this time and before this time what other train was moving upen the yardsf A Q A Q The Taylorsville train was moving. In what direction was it moving? West. Was this movement according to its schedule movement at this time of the day? A Q 4 * Yes, sir. Do you "now that ef yow am knowl edge? Yes, sir. | How long have you been acquainted with this movement af this particular train? =2- A Tf have been knowing it every since I have been living in Statesville, twelve years. a | Q At the time you were hit by this engine or this car, or before that time had you had any notice of the approach of the ears which hit you? No, sive Hed you heard sny Signals? No, sir. Did the companions who were with you show any indications \ or make any remerks as to any signalsf . OBJECTION BY THE DEFENDANT: OVERRULED: DEFENDANT EXCEPTS, A Ho, sire What injury 444 you recéive when belng hit by this cart My left arm wes rum over any wy left knee wae skinned. How many cars were there with this gine? I think there were fou or five, I will not sa for Q Did they pass on by you? A Yes, sir. Q Were you mocked in between the rails or to the side of the rails? A Side of the rails. Q Which main line were you walking besifie? A The right hand side, Q Ami it was your left on the cut-off? A Yes, sir. i‘ Q You were knocked forwari, were you? A Yes, sit. Q Whe cam to you first after you were knocked down? ~So A I think it was lr. Kenely, he was: about the first one te get to me, | Q ¥hish was was the train com‘ng thet hit you? A Veet. Q Which was was the trein coming thet you were noticing the movement of at this tis? A Weet. Q Tha Taylorsville train? A Yea, sig Q Whet other trains are due to be moving en the yard st that time, ot :er than the Taylorsville passenger train? OBJECTION BY THE DEFEW ANT OVERRULE : DUFENDANT EXCEPTS. A Het any thet I know of. f Q Did you see the wwitching gine or cars befare thay hit you? / & Be, sir /\ @ Was the Taylorsville train making any notse in its navenent? Yes, sir. That, if any? Ringing the bell end exhausting steam, What passenger train hed just left the station? #36. ' .Q What other passenger train was due to lesve at this tim? A Net amy that I know ef only the Taylorsville train was f , f - duf/ite leave there at 12 e'cloak, , Wosre had you been working prior to thet tim? Lenoir. Wheat salery hed you been receiving there? 62.85 a day. Had you worked at Lenoir before opxing to Statesville? ‘Yea, sir. ae ,With whom hed you worked here? Sleain's Glass Factory. What salary did you receive there? $11.00 per week. About what part of this line, the min line, about whet place did you get on the emi of the cross ties at this pat}, or aid you notice? A Right at the crossing. How far was thet from where you were hit by the engine? Q A About the length of five cars. Q@ You had been walking along in that position that length of A Ye 8, sir * BY THE COURT: Will you tell us how far from the passenger station the crossing is from which you stepped on the end of the cross ties? : | A As far af from here to the public square, I would judge. Q At the énterséetion of these two side streets? A Yes, sir. Q How far had you walked on the end of the cross ties when you were hit? A About as far as from here scross the street, the other side of the street. Q Phat wuld make it about two hundred yards or such a matter? Yea, sir. Were you stricken by the train from behind? Yes, sir. On the main line? Yes, sir. -5- You were walking down ty it md were run orer? Yes, sim You 414 not know of the approach of it at #117 No, sire Q You were just stepping right slong there at the tim something hit you? A Yes, sire Q Did you say you had several companions with you? A Two boys were with me. Q Where were they walking? A On the right hand side of m. Q Just off of the cross tiss? A Yes, sir. BY MR. ADAMS: Q Were you observing the movement of ay other train at this time? A I was watching the Taylorsville train. CROSS EXAMINA TION Mr. Caldwell. Q It is a straight piece of track from tise station to the Meeting St. crossing-- that is the ome you stepped on when you stepped on the end of the cross ties, at Meeting Street crossing? A Yes, sir. Q Where Meeting Street runs paraliel with Center Crossing? A Yea, sir. Q isa perfectly straight treck up to Meeting Street ami straight on the the eoxt street, isn’t it? A Yes, sir. ~6~ ani you were going west? Yes, sir. Toe Taylersville train was backing west? Yea, sire An&. you were watehing it? Yea, sir. Ané the train struck you coming from the east going vest on the main line? A Yea, site Q And you were walking on the end of the cross ties on this main line? % A Yes, sire Q You could have seen back clear dom to the station from where you were could you not? A Yes, sir. Q I believe you sdmit thet you could have seen the train coming if you hed looked? A Yea, site Q But you afd not lock? A Be, sire & And the train struck you and kmecked you down anf van ever you and out off one of your exrns? | 4 Yea, sir. Q I believe there is a trock te the north on the right bani site going west of the min line? A Yea, sits Q And kr. Webster eni lr. Holland who were with you were ever between the min line and this other track? A Yes, eir. EB, WEBSTER, being duly sworn, testified: DIRECT EXAMINATION Q Were you at the station on the day of Mr. Nicks’ se#gary? A Yes, sir. Q You were with ili. Nicks and Holland at the station? A Yes, sir. Q Did you have any notice of the appreseh of the train that hit Mr. Nicks? A So, sir; I aid not. Did you hear any signals? Ho, sir. Or have no warning? He, siz. . How close to Mr. Nicks were you? I was next to hin. | Q You aid not, I believe, notice the car as to whether anyone was about the car? A No, sir. Q amd you dia not know of the aprpresch af the train? A No, sire Q Was the Taylorsville train moving up toward the switch at this time? A It was. CROSS EXAMINA TION Mr. Caldwell Q It was in the yard over here? A Yea, girs Q It is a perfectiy straight track from the stetion on by Meeting Strect anid where you gentlemen were? A Yes, sir. Q snd this train was seming on the min line behind? B= A Yes, pif. Lg We HOLLAMM, being duly sworn, testified: (‘DIRECT BXAMINATION Q Were you st the station with Mr. Nicks on the dey of this injury? Yes, sir. Ani departed from the stetion with him? Yes, oir. And wae walking with him at the time he was injured? Yes, sir. Q How near Mr. Nicks were you? A I was over st the right of Mr. Websger, he was between Mr. Hicks end me, @ Q Da you have or hear eny warning of the approach of the engine? No, sir. Did you hear any signals or warnings of my kind? No, sire Did you see the cars before they hit him? I saw them just as they hit him, Did you see the front end of the car? Yes, sir. “Wes there any person on the frent end af this car? Ho, sir; not as I could see. | ‘Did you see any one on the cars at the time, or afterwards? Pr © PrP © Pr © PP CO Pp A. I gaw some one on top, they wasn't on the front of the car though, they wes on the rear of the cut Q How far back were tha? A To the best of my knowledge they was on the second car. Q Was the Taylorsville train on the track opposite you all at the time? ~~ A Yes, site Q And moving west? A Yes, sits Q Ani haa been moving up that tresk es you all walked w the main line? A Yes, sir. . Ie thet the usual way of your going from the stati an? Yes, sits How leng had you been at the station? About three years. Have you used this path during that tim? Yes, wires / Q Was that Taylorsville train moving sccariing to its schedule at this tim of the day? A Yes, sirg I think it waa. ie CROSS BXAMINATION This wae in the morning, waan't it, tovard eleven ofcbeck? Yes, sir. And train #86 hed just left the station coing east? Yes, site Q And you three gertlemen started west up the traek between the main line and north track? A Yes, sir Q 6 is a straight line, ien'’t it from the despot on w foe a rood pleas, isn’t it? A Yeu, site Q and you gould have scen the train if you hed locked behind, cevlan't you? A Yes, sit. Awd it would have been in plein view? Yes, oir. #10< | Q You were watching the CherBotte train, or whatever train you want to esll1 it? A Yes, sire Q And it was on the second treck backing up there? A Yea, site Q And you were payang attention to that train ani did not see or hear the train that was behind you? A Yes, site You say you were walking here in the middle? I was on the right fami side. Aand lit, Nicks was walking on the eni of the cress tiss? Yes, sire | BY THE COURT: Was he stricken by a bex car? A Yee, sir. Q Wes the train moving with a bex esr in front as the trein was going at that tin? A Yes, sire 4 Q There was an engine pushing the box cars, in other words? A Yes, sir. We As BYenes being duly wworn, testified: DIZECT BLAMIMA TION — You axe a member of the Board of Aldermen here? Yes, sir. How long have you resided in this town? About thirty-three years. Rew long have you been using his peth up this reilresé Off ani on every since I have been wre, Are you scqusinted with the plaintiff Mr, H, C. Nicks? Yes, sire ) Q@ De you know his reputation ac to truth ma honesty? OBJECTION BY THE DEFENDANT, . elle e ie, Adams changes question to this forms Q De you mow his general repudation? It is admitted hy defenient's counsel thet bir, Niek's character is good, da We GHURCH, being duly swom, testified: eRe SE cee eth Oh @ De you know this peth along whish Mr, Nicks was traveling at the time he wes injured? Yer, sire , How long heve you known that? Avout sixteen years. Have you traveled that path yourself? Yes, sir, How close have you lived to that any time? f lived et the sectien howe about ten feet, I would fudge, from the reilroad, Q Is thie section house owned by the railreed people? A Yea, aire . Q Did you work for the railroad people when you lived there? A Yes, cfr. * Q When you cam out you front door ani went out in your front yard whose promises were you o at that tim? A The relircad premises, Q Dees the publie generally travel this by-path? A Yes, sire Q@ In what wey 414 you heve to go cut, to ga out your frent yard, to get to the stetion? A I ge east. Q Ie that aleng the byopath along which ir, Nicks wes traveling when he got hurt? -12- A Yes, air. BY THR COURT: Does the peth include the mids of the cross ties, ar ces it rum along the ent of the cross ties-~ that is the path you spoke of os being wed dy the yablisc? A It dom't indlwie the erons ties. Is there a way to walk juct outside of the crocs ties? Q A Yea, eite Q and I gueds it ie beaten down where people heve walked slong there, is it? A Yeo, Give Le A OIC E UTE AA LCL LOLA! SUITE DIMAN, being duly sworn, testified: DIRSCE BEANE PIOR Q Did you live at any time in this same fouse that lr, Chureh lived in? A Yea, aix, I lived there three menths end twelve days, Q Did you have te travel this same yath coing te and from your home? Yes, sir. Did you work for the reilroad when you lived there? Ho, aire S amd thie peth you traveled was slong dow the reiiroad where Mr, Nicks was injured? A Yes, sir. LLC LEE LENE AEE: CL LOLOL EL LL, CROSS EXAINATION Q It is the grown’ between the ond of the crozs ties ani the two tracks, s space in between the north treck and the main line? | A Yea, six, something like about eix ao seven fect between, Q@ fIen't it soemthing like ebeut eight feett -13— A TI don't know; I never 414 measure it. Q reine are passing along there almost all the time, arn't there? A Yes, Sir. De Kea Konorly, being duly sworn, testified: BIRROT EXAMINATION Q Were you et the station on the day of the injury of Mr. Nicks? A Yes, sire Q You were one of those first to him, I believe? A Yes, sire Q Where at the station were you when the switching mginse > pessed through the station yard? A I was sitting ebout~-- possibly-— twenty-five er thirty feet west of the station on the rail. Q Did you notice the switching engine as it passed along? A Yes, sir Q Qt whet rate of speed was it going et that tim? A It was going somewhere in the neighborhood of twelve ar fifteen miles am hour. Q Was there any one on the front car? A Wo, sire Q D4&& you see any one about the top ef the ears? A To the best of my know ledge there was a man on the second or third car from the eni. Was there ahy one on the front car? No, sir. Did this train proceed on up the tracks at that tine? Yes, sit. ~14~ Q And that was the train that injured Mr. Hicks, that you spoke off Yes, sire And efter his injury you went up to him? Yes, sir. Did this train give any signal or warning as it continusd on up the nain line? | A Wot in passing the station, not where I cowld hear it. nan CROSS EXAMINATION Q I believe you have stated thet you 41d not know the speed | of the train or whether there was any one on top of the car or not, didn’t you? A No, sir. Q Your name is D. K. Kenerly, im't 16? A Yes, sir. Q I will ask you if you dd not mke this statement: @ I was sitting: tear the depot when he was hurt. I was possibly a hundred yerds away. I did not see the accident.” Did you say that, did you ever say that? A I said I 444 not see the accident, Q I will ask you if you did not mke this stetement: Q " I remember the yari engine with cars pessing me, but don't remember whether the bell was ringing, the speed of the train, or whether or not there was any one on top of the car. I dant know whether they stopped at the crossing a not. I was one of the first to get to Nicks. The three boys were cAlled to mm attention at the station efter the switching engine had passed, I found Nicks lying et the min line on the 014 house track west of the crossing sixty steps". y A I mde a statement in regard to the three boys being called te my attention. I said I went ani found Nicks aixty steps away. Q Did you make a statement that you were one hundred yards «1B+ | from the accident? A Certainly, yes, sire Q You made that statenmt? A You, site Q I ask you if you 444 not mike the stetenmt that you sav the eave passing where you wore? A Yea, I @14 see the cars passing. Q And you mde that statement? 4 Yes, sir. Q And you made a statement also that you 444 not know whether the bell wae ringing or what the rete of speed of the train was or whether or not there was anyone on top of the cart A I dém't think I did, Q Will you swear you did not? A Se, I will not. Q You went further and said thet the tracks were straight, €44 you say that the tracks were straight frem the station an wp thet direction? A %@ I aia not, I can say it new, Q X will osk if you 41d not state thet these tracks were about seven and eneehalf feet apart, and that you helped Hicks in an eutomebdile and carrigé him te the hospital, 414 you mks thet stetemnt? A Yes, sir. PLAIUTIVY RESTS, At the close of the plaintiff's evidense, defeniat moves for jaiguent as of nen-suit under the statute, The motion is allowed end plaintiff exeeyts, Judgnent as appears of record. The plaintif? excepts ani appeals to the Supreme Court, Notice waived. fhe plaintiff, upen complying with the provisions of a hb~ the statute, will be permitted to appeal without bend, Plaintire alleweé sixty days in which te makes up his case om appeal, and defendant is allowed thirty days thereafter to serve comter- Railroad Records 1917 North a In the Superior Court, Iredell County.) | October Term, 1917. E. I. DuPont De Nemours & Company, ) . ) ee JUDGMENT. ) Statesville Air Line Railroad Company. This cause coming on to be heard at the October Term, 1917, of the Superior Court of Iredell County, before His Honor, E. B. Cline, Judge Presiding, and it appearing to the Court that the complaint has been filed in this case and that defendant has filed no answer thereto, and it appearing further to the Court that the defendant does not resist the taking of judgment for the amount demanded, by said complaint, but con- sents thereto: It is therefore considered, ordered and adjudged by the Court that the plaintiff recover of the defendant the sum of $302.25, with interest on said amount from the 18th day of January, 1916, until paid, and for the costs of this action to be taxed by the Clerk of the Superior Court of Iredell County. = “Judge Presiding. I Railroad Records 1917 Nerth Carelina, In the Superier Ceurt, Iredell Ceunty. H. .C, Nicks / Svs- Seuthern Railway Cempany. To the @lerk ef the Superier Ceurt ef Iredell Ceunty: This is to certify that I have examined the cayse ef action Pind fe a cage Io ef H. C. Nicks -vs- Seuthern Railway-Gempany, -and—betteve that he has a geod and meriterieus cause ef actien ; beth in daw and in fact. This the 0th day ef April I§17. e Le Ce) ble Z { Atty. fer Piain am ‘ ee Nerth Carelina . Iredell Ceunty. BA. CAC Persenaly appeared befere me,the undgsrsigned Netary Public, H. C. Nicks, whe first being being duly swern says: That he is unable te give the security er make the depesit re- quired by law te enable him te presecute an actien against the Seuthern Railway Cempany, and therefere prays that he be allewed te presecute his said cause of actien witheut giving the security er making the de- _. ... pesit required by Law. Subscribed and swern te befere ms, =-Phis do LOT7o __ 3 STF RE. Nerth Carolina Iredell Ceunty. In the Superier Ceurt. H. C. Nicks . -VS- Seuthern Railway Cempamy. Upen reading the feregeing certifivate and affi- davit , IT IS ADJUDGE BY THE COURT: First : That H. C; Nicks. be, and he hereby allewed te presecute an actien against the SOUTHERN RAILWAY COMPNAY witheut giving the security er making the depesit required by law; Secend:- That ne efficer ef this ceurt require ef him any fee in ad- vance fer services rendgred in this actien. This the 10th, day ef April I9I7. rk ef Superier Ceurt. J # Garolina. ee ee ee - =~ PRP RR OR RR vt SF roc wm a a ww ee a ew a i w= fe ee ee ee ee a ae ee See eS aa 4 an ~—e ew oe wee wee ‘ iS ~—— ee ee wee ee ee eee ee em eee eee ee ee 1 A TN En a ne i a ha ; see oe eee keen eee eee eee aa ee eee oe ee ee re eee eee eRe enn eRe SRR RRR em Dara ae a me ce oe ele ne eee eee een nn nent ese en os eee we ee ee a eee te eae ne eee ee ee me ee a wee wwe we mmm mw eww enn A the defendant_. above named, ¢ U1 -be found within your wet ee. before the Judge of Hi ee Court; atia Court'to be held for the County of___- rf _-ap -at the: Coye't House in on the Sd onday after thet! roman Monday of Hy. animes ; the same being the &. 2. day of eo, wo oer wo retene nee r91be. ., and; answer the complaint, a eepy of which will be deposited in the. office of the Clerk of the Superior Court for said County, within the first three days of said Term, and Jet said Defendant----- take notice it. af._they fail to answer to the said complaint within that time, the plaintiff a will apply to the Court for the relief demanded in the com- plaint. Hereof fail not, and of this summons make due re Given under my hand and seal of said Court, this. 4 day: “af. Mm coke ene are 1914+. STATE OF NORTH CAROLINA In the Superior Court. clined oink coeniboscscd steals oeiinince bo be drones ino wee ee ne ee ee ee ee ee ee ee ee eS ee ee ee Se ee ee ee ee ae ee ee ee Ee ee ae ee ee ee ee ee ee BOND. Against ee ee ee re ee ee ee ee a ee ee ee ee ee ee ee a a a ee ee ee ee ee ee ee We acknowledge ourselves bound unto_.....-.______--_---_-_-- eee the Defendant_-_-_. in this action, in the sum of-_.________.____-----_________.___-_Dollars, to be void, however, if the Plaintiff__...._.....___.._.-_-.--_-____..__._--_shall pay the Deéfendant.._._. all such cost as the Defendant__-.__ may recover of the Plaintiff_...._ in this action. A. D., 191___- Witness our hands and seals, this________day of_________--__u-_-s--.-__-_--- (Seal.) ae a a a a a ww ee ew we we ew we ee ea ¢ <7) 1) 5 ann ne mo es mere mc ren ced LS) ~-------+-+--- +--+ ---_-_-----------. 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 -------------------------_191____ ee we ww we ww ew we ww eww oe we ee wee we ew ee 27g , “AoMAOVY 8, JHU I 5 eeny 77 fy BR — 3 ~ ft ae . - Ayano LLP 7 Jo smog sousdng om 30” 4 ~“FABL “wney yj ron erway | ‘daWTIaA AOI SNONWAS “, J bi “i “ se -% 2 \\) SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N.C. County—In the Superior Court. ee ee ee ee ee ae ee ee ee A ES OY LO I eee we we wwe we roe we Ot 0 SPSS SS SS SS SSO STS www eR Ow we Owe Ow OO we Oe ww Oe ew ew Oe ORS RS SS OS SUMMONS FOR RELIEF. State of Nortli Grrolina, To the Sheriff of “trode po oee eee ee County—GREETING : YOU ARE HEREBY COMMANDES to summon _.__SOuthern Railway Company . __ ae wwe mew oe oe we ww we ww ew on ng mn a a a a i a er nem ee ae eggs a ee we we we ww a a mm e eee aoe ww we Ome wwe meme ae we ww a a ee ee ere eee ee ee es ew we oe os ww so ow a re or Se ee Se om wa wa ww ew we ow ns oe os wn oo oo ES eS OS OO me eas a wee a es a a a er ae oe a ae ee a a te ee ne ce ees a ae as es ce a cae oe a oe ae a a eo se we a a a sd ace ote a a Om am em women Se ee pe rw na OS ee ee oe the defendant.. above named, if_4+--be found within your County, to be and appear before the Judge of our Superior Court, at a Court to be held for the ty of__-_Lredek} ________- at the: Court House in nace Seatesviire™ the ~ Sta Monday” the-..3--g4Monday of ...Sepatemer..-------, the same being the.-.30.day of _------ JSaky- a eat = 191_-]., and answer the complaint, a copy of which will be deposited i in the office of the Clerk of the Superior Court for said County, within the first three days. of said Term, and let said Defendant_--~- take notice if_-it...they fail to answer to the. said complaint within that time, the plaintiff__.-- will apply to-the Court Pot the relief demanded in the com- plaint. Hereof fail not, and of this summons make due return. Given under my hand and seal of said Court, this____ 3 day. ofp: May___« sty cea ential 1917-2. ig? 73975 | Le _ 282 2s | | p23 00 TOT Tg - i oe ee S| a ; : wren, 2 . feb eae fot te og bt ©, FE eee RP bf fe. Tt “a Cs fase 4 |} i i s fot | ; ro) gi. 4 ‘ i 1 rj 4 bee 8 +s Pig Y toy oy 4 8 oe : S r 1A ft a oe bot - Ce : PiSee ded EEE oh EG e G4: s PES ge Goto tg tig - me Ea 2 ge yo of ob | a 1 | e iar §- ; . iio { | 5 to S: XS b S QO re 2 Ue 3 tnt t 1 1 1 (QM ns oe 4 ' ( o i | : é hig dot i tee if = rr 1 ——- SOM teh tt bes za t © 43 5 ‘ - Seo a pg 3 ee SP ii oii iiigg SP so Se ie tT EER Ss ee 5 a ne Be | 3 so ; 4 r o4 - & $ 5 a . -- -= - = 4 Pioof bee PS a: OP TB. PO O53 t ‘ +8 ' 4 he ro ' —- is ae — : yt ; 3 -@ |} 2 | 3 -THT6T ‘wae ], . Si it ti gare a. 1 @ & a . | x i i t of tee ig g i gf a | | (iggeipd iz 3 i Pi, tf beg ig a 3 - ' r 4 1 4 ‘a. | a ” nt a ' Pye. tle, i 1 § 1 gf "Ee c met | t+ 4 a 4 1 2 s ee a ee ig 3 : i ' 4 1 | A ‘ Lo S:;i {Peak g igs | wo tt ot Pea ie 8 | j 4 + . e ii i ieee, gs ! I 2.03 s 4 i oo4 : : z , { o : be ba 1-42 gta 4 io 8 ti 4 bs = || ilPags & ig { eee: ry Gt gesé i 5 i REET RET North Carolina ,.: $ In the Superior Court, Iredell County . H. C. Nicks . @VS- Southern Railway Company. To the Clerk of the Superior Court of Iredell County: This is to certify that I have examined the cause of notions H. C. Nicks -VS- Southern Railway Company, and be- lieve that he has a good and meritious cause of action; both in law and in fact. North Carolina. : Iredell County Personally appeared before me, the undersigned , Dept. of Superior Court Clerk, H. C. Nicks who first being duly sworn says: That he is unable to give the security or make the de- posit required by law to enable him to prosecute an action against the Southern Railway Company, and therefore preys that he be allowed to prosecute his said cause of action without giving the security or making the deposit required by law. Subscribed and sworn to before me. This 22 nd of May. 1917. & ~}Conns > . Dept. Clerk of S.c. North Carolina. In the Superior Court, Iredell County : HK. C. Nicks . southern Railway Company . . Up on reading the foregoing certifigate and affidavit, It IS ADJUDGED BY THE COURR : First: That , H. C. Nicks . Be, and is hereby allowed to prosecute an action against the SOUTHERN RAILWAY COMPANY without giving the security or making the deposit required by law ; Second: - That no pfficer of this court required of him any fee in advance for services rendered in this action . This May 22nd, 1917. farbw—~ erk of Superior court. North Carolina . In the Superior Court. Iredell County. May Term HH. C. Nicks . Judgment of Voulintary Non-suit . Southern Railway Company... The plaintiff in the abofe entitle cause of action comes into court, and takes a voluntary non-suit. It is there- fore ordered by the Court, that the plaintiff be Non-suited . Tis the 29 Gay of kag . 1917. Judge Presiding. | Dp SS ~ ~ /7- i——_ <> : : a . Po eae nt | 4 yn | | - i er e . ane ~ North Carolina, ) In the Superior Court. Iredell County.) H. C. Nicks, -vs- ) COMPLAINT. Southern Railway Company. The plaintiff complaining of the defendant alleges and says: , First: That the defendant, Southern Railway Company is a corporation duly created, organized and existing, accord- ing to law, with all the privileges, obligations and liabilities of a railroad corporation, and at the time of the grievance hereinafter complained of, was operating a line of railway through the City of Statesville, North Carolinas, in Iredell County, together with switch engines, cars, freight and passenger Service and other railway equipment. Second: That along the North side of the defendant's main line going out of the depot yard of Statesville, toward Asheville, N. C. and within the City limits is a public by- path leading to the second crossing at J. C. Steele & Sons‘ crossing, the said by-path having been used for years to the kmowledge of the defendant railway company by people going to and from the depot, before and after trains and also by em- ployees of the various manufacturing plants in Southern Statesville. Third: That on the 30th day of October, 1915, just before noon and after departure of East bound passenger train No. 36, while plaintiff was travelling the above named by-path along the North side of the main line, going West from the passenger Station, on his way to the glass factory, when near~ ing the point where the track of the Taylorsville passenger ale train crosses the main line, the plaintiff observed the move- ment of the said Taylorsville passenger train in the direction of the intersecting point of the two lines, which movement was according to the usual movement by schedule and custom at this time of the day, of the said Taylorsville passenger train, to the knowledge of the plaintiff. Fourth: That the continuation of the above mentioned movement, according to schedule, and custom, would have in a few meconds blocked the main line as to other trains, the by- path, which the plaintiff was travelling being along the side of said main line. The plaintiff being conscious of the scheduled movement of said Taylorsville passenger train and while observing its movement was carelessly and negligently run over by the defendant's switching engine and cars being operated on the main line. No caution or warning of any kind was given of the approach of said switching engine by de- fendant's agents. / Fifth: That the said switching engine was operated in violation of a valid town ordinance, regulating the speed laws within the City limits of Statesville, North Carolina, which is six miles per hour. Sixth: That there was no one on the end of the front car, that was being pushed by the switching engine, to keep a lookout or caution persons in case of impending danger, and to keep the engine and cars under proper control. That the plaintiff while in the above described position, where he was in plain view from the end of the front car, that was being pushed by the switching engine along the main line, and could have been seen by the exercise of ordinary care by the defendant's agents, was struck in the back by the corner of the end car and knocked down and the plaintiff's left arm ~Po So badly mutilated that it had to be amputated near his shoulder, causing the plaintiff to suffer great mental anguish, bodily pain and also permanently injuring him and disabling his earning capacity. Seventh: That the plaintiff was a hard working young man of good habits and health and making from $2.25 per day to $3.00 per day, and was 23 years old at the time of the injury complained of. , Eighth: That the injury was caused without fault on the part of the plaintiff and by the negligence of the defendant 1. In that the defendant carelessly and negligently failed to keep a proper outlook. 2. In that the defendant carelessly and negligently failed to give signals or caution plaintiff of approach of switch engine and cars. 3. In that the defendant carelessly and negligently operated the said switching engine and cars of theStatesville yard at a rate of speed in excess of six miles per hour, and failed to exercise toward the plaintiff the duty and care that the defendant was due the plaintiff on this occasion, and | thereby damaged the plaintiff in the sum of Fifteen Thousand Dollars. WHEREFORE, The plaintiff demands judgment against defendant for the sum of Fifteen Thousand Dollars as aforesaid and for cost of action to be taxed by the Clerk of the Court, and for such other and further relief, as may be just and Ce WV cee GS Poa”. proper. Kétorney for Plainti??. H. C. Nicks being duly sworn says, that the fore- going complaint is true of his own knowledge, except as to those matters and things stated upon information and belief, and as to those he believes it to be true. T . ec Sworn to and subscribed before me, this the Zz) day of Spa, 1917. U dt: Ouiwe> CHC Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, To THE SHERIFF OF...... G- he Defendent...... Witness | g No. 40: secsneeeee co% AB LG Jee. Hho Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, ounTy--GREETING: Dou are Hereby Commanded to Summon.......we*aseex ‘ p SCL, WH /1Y 7 Monday after the..................... Dooce Monday in next, then and there to testify and the truth-to say in behalf of , Clerk of our said Court, at office in - leper rene Monday after the.../_.*......... Monday in ae By acess off ude Ope le LB Braye fae or 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.. a bee County--GREETING: Ce “ \ Monday after the................ L eee eae aoe Monday in. Jeet A next, then and there to testify and the truth to say in behalf of......... P pete eect EM ccccssnvceseneen in a certain controversy “Vieby and then and there to be tried, wherein... k. No ge: . Nic. Yooh, es ate ng eaemig snes eee le eseioce Plaintiff Against rch, %, eel B cccsbua Defendant SUBPOENA--Civil, North Carolina’ In the Superior Court Iredell County July Term, I9I7. H. C. Nicks Southern Railway She defendant answers the Complaint and says: -Fisrt- Mhat it ig a corporation duly and originally created, organized and é@xisting under, and by virtue of, the laws of the State of Virginia, and at the time Henetne rier mentioned, was engaged in operating its line of railroad through the City of Statesville, N. C. and elsewhere. ~Second- That the allegations contained in the second paragraph of the Cpmplaint are not true and are denied. | - ~Third- a ‘hat the defendant has not sufficient knowledge or infor- mation as to the truth of the allegations contained in the third paragraph of the Complaint to form a belief, and there- fore denies the same, except, that the trains, moving on the tracks, were moving according to regular schedule and direction. -Fourth- The allegations contained in the fourth paragraph of the Complaint are not true and sare denied. ~Fifth-. The allegations contained in the *ifth paragraph are not true and are denied. -3ixth- The allegations of the sixth paragraph are not true, except that plaintiff was stricken by the end of a moving car, which moving car he could have seen if he had looked and exer- cised reasonable care and diligence. -Seventh- “he allegations contained in the seventh paragraph are not true and are denied. -Eighth- The allegations contained in the eighth paragraph of the Complaint, | : - {I} Are not true and are denied. (2) Are not true and sre denied. (5) Are not true and are denied. And for a further answer and @efense to the plaintiff's cause of action, the defendant says: That the plaintiff? was guilty of contributory negligence in walking on the track of the defendant, where and when he knew trains were almost constantly passing, and was guilty of contributory negligence in his failure to watch for the trains moving in all directions, which trains. could have been seen by the defendant if he had looked. on And having fully answered, the defendant asks thet it recover its costs in its behalf expended and go hence with- . Counsel for Defendant. ,. being duly sworn, says that he is the local agent of the defendant at Statesville,N.C.; that the foregoing answer is true of his own knowledge, except the matters and things statéd thereifi tipon information and belief, and as to those, he believes it to be true. Sworm to and subscribed before me this __ day of I9T7. North pence In the Superior Court, Iredell County.) H. SC. Nicks, -Vs- Southirn Railway. ) The plaintiff replies to the defendant's answer dena says: st: Replying to the defendant's answer to the. sixth allpegation the plaintiff replies and says: That the plaintiff admits % fee could\have seen the approaching car, which hit hin had he looked, but having not looked being unconscious of its approach and his attention being engaged by the movement of the Taylorsville Passenger Train, and this his condition end attitude, being in plain view, could have been noticed by the defendant, its agents and servants, had they been keeping a continuous lookout, or exercising ordi- nary care. Second: The plaintiff replying to the plea of con- tributory negligence, as pleaded by the defendant under answer to the eighth allegation of the complaint, denies that he was guilty of contributory negligence. And further answers the defense of the defendant and Bays: ‘That the plaintiff was not walking between the rails of the tract, but was passing on and along the by-path, gen- erally and continuously and to the knowledge of the defendant used as a public highway, and while the plaintiff was uncon- scious of the presence or the approach of said switching en- gine, and while plaintiff's attention was engaged by the move- ole ment of the Taylorsville Passenger Train and surrounded by the noise of the bell, steam and movement 6f said Taylorsville Passenger Train, all of which could have been seen by the defendant , its peers and servants; and the defendant, its agents and servants by the exercise of ordinary care and dil- igence could have seen that the plaintiff was in a dangerous position and was unconscious of the approach of the switching engine. Having replied to the defendant's further defense the plaintiff asks judgment in accordance with the original com- Attorney for se . plaint. H. C. Nicks being duly sworn, says, that the fore- going reply is true of his own knowledge, except the matters and things stated therein upon information and belief, and as to those, he believes it to be true. 2K Sworn to and subscribed before me, this the % day of Co” North Carolina . In the Superior Court. Iredell County. He. C. Nicks . -Vs- Southern Railway Company. To the “Hon. E. B. Cline , judge presiding at the October Term of Iredéll County, 1917 : » This is to certify that I am of the opinion that there was error committed by the Court in the case of H. CG. Nicks -vs- Southern Railway Company , in allowing a judgment of non suit , and believe the same to be contrary to law. This the 26th, day of Oct. 1917. a ec for Ae North Carolina. Iredell County. | Personaly appeared before me , the un- dersigned_Dept. Clerk of Superior Court , of Iredeli County, H. Cc. N,cks , who being first duly sworn says: Imnat he is unable to give the security , or make the deposit required by law to enable him to prosecute am action against the Southern Railway Company , on appeal to the Supreme Cpurt, from a judgment of non suit in the Superior Court , and preys that he be allowed to prosecute his daid action against the Southern Railway Company , without giving the security or making the deposit required by law for the same. db a Lb, ae matt ahi i ~ Subscribed and sworn to before me, this the 26th, day of Oct. 1917. ¥-}. Dep't. clerk S. C. North Carolina . In the Superior Court. ' Iredell County.. A. C. Nicks . -VsS~- Southern Railway Company. { Upon reading the foregoing certificate and affidavit , it is ADJUDGEG BY THE COURT : , That H. C. Nicks be , and is hereby allowed to prosecute his cause of action againt the Southern Railway Company, upon appeal fto the $ugremetCofirtnof North Carolina, from a judgment of non suit rendered in the Superior Court of Irdell County ; without giving the security or making the deposit require by law for the same. This the. 26th, day-of Oct. 1917. 4 4 Judge Presiding . North Carolina Superior Court Iredell County October Term 1917 H.C.Nicks, plaintiff. Vs Judgment. Southern Xailway Company, gm defendant. This cause coming on to be heard at this term of the Court before His Honor E.B.Cline Judge and a Jury, and being heard upon the record and evidence introduced by the plaintiff, at the conclusion of said evidence, a motion of non suit Having been made by the defendant through its Counsel, Valdwell & Caldwell aad the Court being of the opinion that from all the evidence the plaintiff was not ehtitiled to recover in the action. tt is therefore considered and adjudged by the Court. that. the Plaintiff be and he is hereby non suited, and that the costs be taxed by the Clerk of the, the Court, and the defendant gO without day. Q SF —( Anne -t Judge Presiding. NICKS Ve -80.. RY. co. * Railroad Records 1917 ahh Civil Subpoena.—Printed and for sale by Brady, The Printer, Statesville, N. C. 2M—5—,04. STATE OF NORTH CAROLINA, County--GREETING: i- & in a certain controversy before said Court depending, and then and there to be tried, wherein BEML Plaintiff Defendent...... And this yoy sha¥Win no wise omit, under the penalty prescrif@l by Jaw. wr : “hee oe we * - * \ < - ate Can eR Slinger , . Mins - trae: ayn ng bet Fi, Se “+ . ee oe erro eerre . : : ‘ bce, ret In the Superior Court, NORTH CAROLINA) May Term, 1917. IREDELL COUNTY ) Henkle Craig Live Stock. -Vs- " eS eet et ig Myke Doz “£0 1k, & western es Ssh and oe ~ 4 This gause coming on to be heard before His Honor and a Jury, and the Jury having M. H. ee Presiding, s 2 a ® Les “ed Poe + i @ pws @ Fn gc @ o M S co 5 ond ct + ® Qa oF ° + i ® 8 =a BS co Ss © Kh © < °o Le | oO rh co pb’ @ “«.- he i es , Pleinyi fe and, fixed the value of the horse at $100.00; it Is, THEREFORE, considered, ordered and axdjudzed that .the pleintift recover of the defemiant: the sum of One. we : dundzgé Dollars, with interest from the 7th. dey of Novente r, dr. 1916, “until paid and the cost of the Action, to be taxcd 7s het “the neéesntant:” ~ Railroad Records 1917 SUMMONS FOR RELIEF.—Judge.—Printed and for sale by Brady Printing Company, Statesville, N. C. ____freaein ~~ County—In the Superior Court. om nan Southem_Baitlney..Company _______ | ee ee ee ee re ee ee ee ee ee ee ee ee ee ee Oe ee ee ee ee a ee ee ee ee ee ee ee ee ee ee ee Oe ee ee SUMMONS FOR RELIEF. State of North Carolina. To the Sheriff of __, Iredell County—GREETING : YOU ARE HEREBY COMMANDED to summon _____-________.------------------------p--------2----- Beene en enna nea seaaete eq -4eg------- ede GONE -SBd- meemON ge, teed Ne... = eee ee as_partners_under_the firm_name and style of J.J. Long. Son. eee eee ee ee ee ee eo oo a a a = a a A a a a a a a a a a a a a on ww ew we ee we ewe ee ee eee ee ee ee ee a a a a a a a a rrr nrrnrre--- the same being the A 4 day of Lay aoe 191B__, and answer the complaint, a copy of which will be deposited in the office of the Clerk of the Superior Court for said County, within the first three days of said Term, and let said Defendant_& --take notice if-._.---- they fail to answer to the said complaint within that time, the plaintiff----- will apply to the Court for the relief demanded in the com- plaint. Hereof fail not, and of this summons make due return. $,. Given under my hand and seal of said Court, this 2.2 day, qf 3. - - Ly Cet Sues 11.) 7 is 3 32 aa& “Sou10y ¥ 8, PHU eens an 1 § & $$ $ = i rr TIMPCIVO- 8 TITY lo , 2 2 Dg rt nee ar | . re Ayamogé—-----TTepery wg = fe to om of ot Gg a 2 5 J dg oi: it 4 a : 7 (Se - Fe Ft ig Gb | rag oF bb GE GG ; ' 1 , Se t $e eee tre ~ - 6 iis ee te fot KS) UO" enn | 1 ' ' i \ ' \ ! t —— = . 4 ' 1 i i 6B ' ; 4 wn 2 py-- yo ‘ 3 ee Fe Y BTPF* 8 times ft -f ft f SB ge tot oe ee | : PEAR bobo i feeb de NGGPED ITP? | BP 0G dg EEE | Lt eee | m Zz fe ee ee gee 3 0 PP ry bob bt Bg | Yd aT | 2 m ee | ape asap _ ~ bot 1 i ig = % ; TVA FG: ‘ Pita Bg & Seether 9 pearog + | | " ona ee t \ 1 ‘S 1 o oO re { VW Uf, “eo 2 c- {| | i tf ft i 1g % Ew =. 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The plaintiff complains and says: Firsts That it is a corporation, duly and originally created, organized ani existing umder emd by virtue of the laws of the State of Virginia, engaged in the business of trans-~ portation of freight and passengers for hire, along its lines of railway, one of which lines extends from the City of Salis«= bury, in the County of Rowan,by way of Elmwood, and Statesville, in Iredell County, to isheville and other points West. Seconds That Southern Railway Company is the ower of said line of railway from the said City of Salisbury, by way of EBlmvood and Statesville and other points West, together with the Right of Way, which Right of Way, under its Charter extends from the center of the main line track 100 feet on either side thereof, tracks equipment, stutions and other appurtenances and appliances necessary for the successful Operation of the business in which it is engaged. — - - Third} That the defencants are citizens and residents of the County of Iredell, residing at Elmvood ,near the station at said place, keep and maintain an old wooden structure or building on said Right of Waym in such close proximity to the track, that it not only obstructs the view from the station at Blimvood, but likely at any time, to cause loss to the plaintif©, by the dJestruction of said structure or building from fire sct out by the locomotives of said Railway trains, or otherwise, thereby cause loss and destruction of property of the plaintiff, which rightfully belongs to the said rail- way, and to the property of patrons thereon, Fourth: That for the safe and successful operation of its said line of railway and to protect its property, situate thereon said plaintiff Railway, is entitled $a and requires the entire. use of its right of way, part of which is occupied by the structure of the defendants aforesaid. Fifth: That neither of the defendants , nor those under whom they claim were or are abutting land owners at the point or “place where said structure is located upon said Right of Way, said structure is an encpaachment thereon, a menace to the safe operation of the road, endangers the safety of the passengers , employees and patrons and thereby subjects the plaintiff to lia- bility or injury to adjacent land or property in case of fire. WHSREFORE, the plaintiff prays the Court that the defend- ants be required to remove said encroachment or structure from its richt of way at once, that plaintiff have possession of same=-= the same being required for the protection of its property and that of its patrons= and in the event, defendmts fail and refuse to remove said structure within ten days from the rendition of judg- ment in the cause, that plaintiff? remove the same at the cost of the defendmts, and for such other and further relief as may be ust and right. Col $e cce lal Succaly : d . uns e or aintiff. North Carolina Iredell County ,»being duly sworn, says, that he is the asent at Blmvood ,North Carolina, of the plaintiff Company, that he has read the foreroing Complaint; that the same is true of his own lmowledre, except as to those matters and thines stated therein upon information and belief, and as to those he believes it to be true. I Sworn to and subscribed before me this the ---- day of NORTH CAROLINA IN THE SUPERIOR COURT IREDELL COUNTY JULY TERM,1917~¢ SOUTHERN RAILWAY COMPANY, PLAINTIFF. eaV§ @o = J-J.s LONG and ED LONG, trading: and doing business under the firm: - name and style of. J.J. LONG & SQN. DEFENDANTS. Thia cause coming on:to be heard at this term of the Court before His ‘Honor E.B. Cline,Judge, and it appearing that the matter complained of in the pleadings, namely, the removal of a certain obstruction, on and upon the Right of Way of the plaintiff, at Elmwood ,North Carolina, has been removed from the Right of Way of the plaintiff by the defendant gs; It is,therefore, considered and adjudged by the Court thst said obstruction set forth in the pleadings be,removed from gaid Right of: Way and that the plaintiff recover the cost in its behalf expended. a GO Presiding. SOUTHERN RAILWAY COMP ANY, PLAINTIFF . oo ¥ Bm an | J.J. LONG and ED LONG ,traa- ing and doing business under the firm name and style of J.J. LONG & SON. DEFENDANTS . JUDCHENT. on ~~ — Railroad Records 1917 North Carolina In the Superior Court. Iredell County. July Term, I9I8. Southern Railway Company - -vs= COMPLAIN®G. Queen Knitting Mill The plaintiff complains and says: -Firste That it is a corporation duly and originally created, organized and existing under and by virtue of the laws of the State of Virginia, is now and has been for years engaged in the business of carrying passengers and freight for hire over its various lines of railroad in the County of Iredell and State of North Carolina and elsewhere. =Second=- . The Statesville & Western Railroad Company is a core poration duly and originally organized and existing under and by virtue of the laws of the State of North Carolina, with pow- er to acquire and condemn lands for right of way, station houses, section houses, water tanks or other necessary buildings in the manner and to the same extent as is provided for in the charter of the Western North Carolina Railroad Company, which right of way includes and extends one hundred feet on each side of said road from the center of the track. That said road with the right of way as aforesaid, begins in the City of Statesville, MN. O., at a point on the line of railroad of plaintiff known as the Western North Carolina Railroad and running through the County of Iredell to Taylorsville, in the County of Alexander and State of North Carolina, upon which are depots, station houses, indus= trial sidings and other appliances and equipment necessary for the proper operation of a railroad. -Thira- _ 4 Bhat on the day of I8 the said Statesville and Western nailroad Gompany, fora valuable conside eration leased, demised and rented all of its railroads with its rights, privileges, powers, property, right of way, tracks of all kinds and property of all description, to the Richmond & Danville Railroad Company, which Company became insolvent and all of its property, its rights, powers, privileges and franchise were sold under an order of the Court and purchased by the Southern Railway Company, plaintiff in this action, and since said purchase, has been owned, controlled and operated by this plaintiff. -Fourth-= That on the 8th. day of September, 1894, the plaintiff became the owner of said Statesville & Western Railroad, extending from Statesville to Taylorsville, about 20.6 miles in length, tom age - gether with all the rights of way, stations, yards, sidings, bridges, fences, warehouses, bhildings, shops, engines, cars, tools, materials, supplies, bonds, stocks, money, accounts, and all other real estate, personal property or choses in ac~ tion of any kind, whether used in connection with the main- tenance or operation of said railroad, and all easements or contracts and rights thereunder belonging to seid Statesville and western Railroad, or in which it had any interest, and also all and singuler the power, privileses, franchises and capacities which are vested in said Statesville & Western Railroad by and under its charter or license from the State of North Carolina. -Fifth- The defendant is a corporation duly and originally created and existing under and by virtue of the laws of the State of North Carolina, with its office and place of business in the City of Statesville, State of North Carolina, where it is engeged in the manufacture of hosiery, That the mill is situate on the right of way of seid Statesville & Western Raile road Company, abutting unon an industrial track of this plaine« tiff and within and unon the right of way of plaintiff. -Sixth-= The defendant's mill or factory is a wooden structure or building on the right of way,in such close proximity to the tracks of the plaintiff that it is likely at any time to cause loss to the plaintiff by the destruction of said structure or. building from fire set out by the locomotive or trains of the . plaintiff passing on the main line, those operated on the indus~ triel tracks or otherwise, thereby causing lose and destruction of property of the plaintiff and its patrons and seriously inter- fering with the proper operation of the trains of the plaintiff, now under Governmental control and used by it in the transpor-~ tation of soldiers, food, munitions and necessary equipment in time of war. -Seventh- That for the safe and successful operation of its lines of railroad and tracks, the protection of its property and to make such improvements as may be necessary for present demands made upon it, and the requirements of the Government in the transportation of soldiers, food and munitions, the plain- tif? is entitled to and requires the entire use of its right of way, part of which is occupied by the structure or building of the defendant aforesaid; that said structure or buildings are an. encroachment upon the right of way, a menace to the safe and proper operation of the road, endangering the safety of passen- rs, employees and patrons and thereby subjecting this plain~ tff to liability. WHEREFORE, the plaintiff prays that the defendant be required to remove said encroachment or structure from its right of way at once; that the plaintiff have poseession of same, the same being required for #ef the protection of its property, its patrons and the Government of the United States, and for the hs operation of its business Zor such other and further re- ief as may be just and proper, and for the cost of the action to be taxed by the Clerk of the Court.. For a second cause of action, the plaintiff says: That it re-alleces and adopts Paragraphs First, Third, Fourth, Fifth, Sixth and Seventh of its Complaint upon its first cause of action as allegations upon its second cause of action and further says, -Second- “he Statesville and Vestern Bailrosd Compeny was a corporation duly and originally organized ana existing under and by virtue of the laws of the State of North Carolina, with power to acquire and condemn lands for right of way, station houses, section houses, water tanks and other necessary build= ° ings, and did acquire its right of way, 50 feet on each side of the track from the center thereof, beginning in the City of Statesville, North Carolina, at a point on the line of railroad of Plaintiff? known as the Western North Carolina Railroad and running through the County of Iredell to Taylorsville, in the County of Alexander and State of North Carolina, upon which are depots, station houses, industrial sidings and other appliances and equipment necessary for the proper operation of a railroad. WHEHEFORE, plaintiff prays that the defendant be re~ quired to remove said encroachment or structure from its right of way at once; that plaintiff have possession of same, the same being required for the protection of its property, its patrons and the Government of the United States, and for the proper and necessary operation of its business, for such. other and further relief as may be just and right, and for the cost of the action. ounsé or B. Ae Cowan, being duly sworn, says he is the Agent of the plaintiff at Statesville,N. C.; that the foregoing Com plaint is true of his own knowledge, exceot as to matters stated therein upon information, and as to those he believes it to be true. Sworn to and subscribed to before me this the of » x19T8.