Roberts v. Richmond & Danville Railroad

14 S.E. 106, 109 N.C. 670

• Court: Supreme Court of North Carolina
• Decided: September 5, 1891
• Status: Published

Opinion

Merrimon, C. J.

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.