{
  "id": 11273003,
  "name": "RALEIGH AND AUGUSTA AIR LINE RAILROAD CO. v. ABERDEEN AND WEST END RAILROAD CO.",
  "name_abbreviation": "Raleigh & Augusta Air Line Railroad v. Aberdeen & West End Railroad",
  "decision_date": "1899-10-24",
  "docket_number": "",
  "first_page": "96",
  "last_page": "97",
  "citations": [
    {
      "type": "official",
      "cite": "125 N.C. 96"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 156,
    "char_count": 1951,
    "ocr_confidence": 0.44,
    "pagerank": {
      "raw": 8.02114797974916e-08,
      "percentile": 0.4649705446147633
    },
    "sha256": "2f4eedcdfbee73f71ada37c3d7a0ac58ce229c0c16cd057ae098e10efe641e6b",
    "simhash": "1:946ce930d0649002",
    "word_count": 322
  },
  "last_updated": "2023-07-14T16:42:03.891072+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "RALEIGH AND AUGUSTA AIR LINE RAILROAD CO. v. ABERDEEN AND WEST END RAILROAD CO."
    ],
    "opinions": [
      {
        "text": "Eurtcmss, J.\nThis case comes to this Court upon the appeal of the defendant from an order continuing the injunction to the hearing.\nUpon examining the pleadings, we find issues of fact raised by allegations in the complaint and denied in the answer, that should be tried by a jury. If the allegations of the complaint, which are denied by the answer, should be found for the defendant, it would seem that such finding would substantially end the case. But if these issues should not be found in favor of the defendant, the facts in the case would be found and settled, and it would then be time enough to consider the important legal questions discussed on the argument. Therefore we are of the opinion that the injunction should be continued to the hearing.\nThe judgment appealed from is affirmed.",
        "type": "majority",
        "author": "Eurtcmss, J."
      }
    ],
    "attorneys": [
      "Messrs. B. 0. Burton and Douglass & Svinms, for appellant.",
      "Messrs. W. II. Day, J. B. Batchelor and S. II. MacBae, for appellee."
    ],
    "corrections": "",
    "head_matter": "RALEIGH AND AUGUSTA AIR LINE RAILROAD CO. v. ABERDEEN AND WEST END RAILROAD CO.\n(Decided October 24, 1899.)\nSpecific Performance \u2014 Injunction\u2014Issues of Fact \u2014 Questions of Law.\nWhere issues of fact are raised in the pleadings, involving application for equitable relief, the facts should first be determined by the jury, and the legal questions considered afterwards. In such case a restraining order properly issued was properly continued to the hearing.\nCivil Aotiow to enforce specific performance of certain alleged traffic contracts and agreements in regard to freights and to enjoin a threatened refusal by the defendant to carry opt the provisions of said contracts and agreements, heard before Brown, J., upon pleadings and affidavits at February Term, 1899, of the Superior Court of Waicb County.\nThe motion of defendant was to dissolve an order of restraint which had been granted in the cause.\nThe pleadings involved issues of fact. His Honor continued the injunction order until the hearing. Defendant appealed.\nMessrs. B. 0. Burton and Douglass & Svinms, for appellant.\nMessrs. W. II. Day, J. B. Batchelor and S. II. MacBae, for appellee."
  },
  "file_name": "0096-01",
  "first_page_order": 128,
  "last_page_order": 129
}