37 S.E. 505 | N.C. | 1900
The plaintiff was injured on the Chester and Lenoir Narrow-Gauge Railroad, 31 March, 1894, and the jury have found negligence, and that the damages sustained were $500. The defendants, Hall and Hemphill, had been receivers of the said railroad company, but they had been discharged on 10 March, 1894, and the road had been turned over to the company and was being operated by it at the time the plaintiff was injured. Subsequently, in January, 1896, the company was again placed in the hands of the receiver (the defendant, *246 G. W. F. Harper), and its property and franchises were sold under foreclosure proceedings in November, 1896, and the purchasers were incorporated as the Carolina and Northwestern Railroad Company. This latter company, as well as both sets of receivers of the Chester and Lenoir Narrow-Gauge Railroad, are parties defendant, but the objection was made that judgment could not be entered on the verdict, because the Chester and Lenoir Narrow-Gauge Railroad Company is not a party to the action. The Judge, being of that opinion, rendered judgment against the plaintiff.
The objection for defect of parties came too late. It must be taken by answer or demurrer, or it is waived. Mining Co. v.Smelting Co.,
Reversed.
Cited: Bridgers v. Staton,
(360)