The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-07-28
THE CITY SUES
THE SOUTHERN
Damages in the Sum of 3d.
222.27 Asked,
fHE DILLON DAMAGE SUI
CITY TRYING TO RECOVER THE
DAMAGES PAID.
COMPLAINT FLIED BY THE ATTORNEYS
Raroad is Held Responsible for the Damage
on the Ground that its Trestle Across
the Street Was not Proper
Iy Constructed.

The city of Raleigh has begun suit
against the Southern Railway for S3.
222.27
This is the amount of the damages
and costs paid by the city for injuries
sustained by lady II a runaway ut the
railroad treste on South street.
The city alleges that the railrt III was
responsible for the accident III thai ii
had not constructed the trestle across
the street in the manner prescribed by
the city charter and by the law of North
Carolina.
The complaint in The case was filed
yesterday by City Attorney Watson ana
Argo Il Snow.
The complaint sets out:
That on September 26tb. 1871, the
North Carolina Railroad was leased to
the Richmond and uanville Railroad
Company and operated by it till July,
1894. when the Southern Railway pur-
chased the property of the Richmond
and Danville Company including its
lease of the North Carolina Railroad;
that in July or August 1895. the South
ern leased the North Carolina Railroad
for period of ninety-nine years, and
has ever since been in possession of the
road.
That the North Carolina Railroad. in
constructing its road-bed through the
southwestern part of the city, made a
fill in one of the highways leading from
the city. now known as South street;
that in the year 1SG-- the city opened
South street and the road-bed being high
or than the street the railroad construct
ed trestle over the street.
That this treste contrary to the city
charter and laws of the State, was con-
structed i'm dangerous and negligent
manner. by reason of which it was dan
gerous to persons using the street for
travel, and this obstruction was main
tanned up to 1897.
That on January Goth, 1896, one Miss
Hattie y. Dillon was in a buggy driving
a road-worthy horse along West South
street, the horse becoming frightened
ran into the trestle and threw Miss Dill
Ron from her buggy iniiicting inJur
res; and that at the October, 1896, term
of Wake Superior court the said Miss
Hattie n Dillon brought suit against the
city of Raleigh to recover damages for
the injuries sustained.
Wake Superior court. Miss Dillon re-
covered Judgment against the city of
Raleigh in the sum of $1,000 and costs:
that this Judgment was appealed, and
the Supreme court affirmed the Judge
ment.
/ That the North Carolina Railroad
Company was notified Of this suit and
requested to defend the same, and was
made party defendant; the city of Raj
eigh then filed a cross-complaint against
the North Carolina Railroad Company,
to which they demurred. which demur-
rer was sustained and the complaint dis
missed.
That by reason of the construction and
maintenance Of this obstruction in the
street by the railroad. the city of Raj
eigh has been compelled to pay the
Judgment of $1,000. interest $50, costs
$12227 and attorneys fees 500, in all
amounting to S3.22227.
Whereupon the city of Raleigh de-
mands Judgment against the North Car
DINA Railroad Company for the sum of
$5,222.27 and for interest from May,
1899, and for costs of this action.