Vann v. Southern R. Co.
| Decision Date | 13 October 1920 |
| Docket Number | 250. |
| Citation | 104 S.E. 170,180 N.C. 659 |
| Parties | VANN ET UX. v. SOUTHERN R. CO. ET AL. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Wake County; F. A. Daniels, Judge.
Action by R. T. Vann and wife against the Southern Railroad Company, Walker D. Hines, Director General of Railroads, and another. Judgment for plaintiff Ella R. Vann and against named defendants, and named defendants appeal. No error.
A railroad is properly joined as a defendant with the Director General of Railroads in action for injuries sustained while the railroad was under federal control.
Wm. B. Snow, of Raleigh, for appellants.
Jones & Bailey and R. N. Simms, all of Raleigh, for appellee.
There were divers exceptions assigned as error, but they were all abandoned in this court, save exception 4, that the court overruled the motion of the Southern Railroad Company, to dismiss the action as to it "upon the ground and because of its nonliability by reason of federal control," which motion was in writing and is set out in the record.
It is not necessary to discuss this point, as it was fully considered and decided in Clements v. Railroad, 179 N.C. 225, 102 S.E. 399, as to the same defendant in which we affirmed the decision in Hill v. Director General, 178 N.C. 609, 101 S.E. 376, that the Director General was, in effect, a receiver, and therefore the action will lie against him under the act of Congress, and that the defendant, the Southern Railroad Company was properly joined as a codefendant under the rulings in Logan v. Railroad, 116 N.C. 940, 21 S.E. 959, Harden v. Railroad, 129 N.C. 354, 40 S.E. 184, 55 L. R. A. 784, 85 Am. St. Rep. 747, and the uniform decisions of this court since.
The decision in Clements v. Railroad and other cases cited above, and the reasons therefor, were reviewed and reaffirmed in Gilliam v. Railroad, 179 N.C. 508, 103 S.E. 10.
Upon the authority of the above cases, and for the reasons therein given, we find in this appeal no error.
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Parker v. Seaboard Air Line Ry.
... ... 376, citing numerous cases. The above have been reviewed and ... reaffirmed since in Gilliam v. Railroad, 179 N.C ... 508, 103 S.E. 10; Vann v. Railroad, 180 N.C. 659, ... 104 S.E. 170; McGovern v. Railroad, 180 N.C. 219, ... 104 S.E. 534 ... The ... plaintiff ... ...
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MacGovern & Co., Inc. v. Atlantic Coast Line R. Co.
... ... 508, 103 S.E. 10, and Hill v ... Director General, 178 N.C. 609, 101 S.E. 376, which have ... been reaffirmed at this term in Vann v. Railroad, ... 180 N.C. 659, 104 S.E. 170 ... General ... Orders Nos. 18 and 18a, relied upon by the defendants, ... ...