Ramsay v. Richmond & Danville Railroad

Smith, C. J. The right of the defendants at once to appeal from a judgment over-rulling a demurrer to the complaint is expressly declared in the case of the Commissioners of Wake v. Magnin, 78 N. C., 181, and has been repeatedly recognized and acted on since. We think all the assigned causes of demurrer are insufficient under the ruling in a case to which much consideration was given, referred to in the argument for the plaintiff, by the authority of which we abide. Stanly v. Railroad, 89 N. C., 331. The defence here setup, in substance, is the omission to aver an incorporation of the respective companies and authority conferred to operate a railroad in the state, or to state whether the defendants are associated companies or a single company. But what difference can it make in respect to the plaintiff’s right of recovery for his destroyed property, whether two companies are?.rnnning the road in association -or co-partnership or together constitute a single company ? There is however no uncertainty on the point, for they are said in the complaint' to be “ Railroad Corporations,” each being a corporation, and that they operate a road between the two designated terminal points. It is quite sufficient,, if this averment be true, to subject them to the plaintiff’s *420 action for the consequences of their negligent action. There is no reason why companies under separate management may not so unite in running a road as to make both responsible for a wrongful act. Phillips v. Railroad, 78 N. C., 294. The demurrer was therefor properly overruled and the plaintiff allowed to proceed with the action. We mean simply to affirm the judgment rendered upon the demurrer which is the only point presented in the appeal and the cause will thence proceed without regard to the subsequent words, “judgment for plaintiff,” which if they have any significance must be understood as having reference to that overruling the demurrer according to the provisions of the Code of Civil Procedure, § 272. There is no error. Let this be certified to the superior court of Gaston county. No error. Affirmed.