Roberts v. Richmond & Danville Railroad
Cases that cite this one
4 later published cases cite this decision.
- Bank v. . Wysong Miles Co. (N.C. 1919)
- Fidelity Bank v. Wysong & Miles Co. (N.C. 1919)
- Gwaltney v. Provident Savings Life Assurance Society (N.C. 1903)
- Walker v. . Cooper (N.C. 1912)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
after stating the facts: The obvious purpose of the evidence rejected was to prove the special contract of the defendant to supply certain cars at the time and place specified in the complaint, and that it failed to do so. The evidence was clearly relevant and competent for that purpose, and we are at a loss to see the ground of objection to it. Unquestionably, the statute (The Code, §590) did not' apply, as seems to have been supposed. The plaintiffs (the ■witness was one them) did not derive their “interest or title,” or claim, from the deceased agent of defendant, by assignment or otherwise. That agent was a third party, and on the same footing as any other person having no interest in the present cause of action. Howerton v. Lattimer, 68 N. C., 370; Thomas v. Kelley, 74 N. C., 416; Molyneux v. Huey, 81 N. C , 106.
Error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.