{
  "id": 8657239,
  "name": "GUS FORNEY v. BLACK MOUNTAIN RAILROAD COMPANY",
  "name_abbreviation": "Forney v. Black Mountain Railroad",
  "decision_date": "1912-05-08",
  "docket_number": "",
  "first_page": "157",
  "last_page": "158",
  "citations": [
    {
      "type": "official",
      "cite": "159 N.C. 157"
    }
  ],
  "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": [
    {
      "cite": "139 N. C., 399",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "153 N. C., 117",
      "category": "reporters:state",
      "reporter": "N.C.",
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        11271584
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/153/0117-01"
      ]
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    {
      "cite": "139 N. C., 397",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8652738
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/139/0397-01"
      ]
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    "word_count": 421
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  "last_updated": "2023-07-14T20:13:45.962633+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "GUS FORNEY v. BLACK MOUNTAIN RAILROAD COMPANY."
    ],
    "opinions": [
      {
        "text": "Clasrk, C. J.\nThis is an appeal from a refusal of a motion to remove the cause from Mitchell County to Yancey. The plaintiff is a resident of Yancey County. The defendant is a railroad company, having its principal place of business in Yancey, with its line partly in Mitchell and partly in Yancey. The cause of action is a personal injury which occurred in Yancey County.\nThis case falls directly under the proviso in Eevisal, 424, that \u201can action against a railroad shall be tried either in the county where the cause of action arose or in the county where the plaintiff resided at the time the cause of action arose,\u201d or \u201cin some county adjoining the county in which the cause of action arose,\u201d subject to the power of the court to change the place of trial. This application for the change of venue was not made on the ground of the convenience of witnesses or on account of local prejudice, which are matters within the irreviewable discretion of the presiding judge, but upon the ground that the proper venue was in Yancey County. Mitchell adjoins Yancey, and under the proviso in Revisal, 424, above quoted, the plaintiff had his election to bring the action either in Yancey or in any adjoining county. In Propst v. R. R., 139 N. C., 397, the proviso was construed and it was held that this section of the Re-visal applied to all railroads, both domestic and foreign.\nUnder the preceding sections 419 (1) an action against a railroad for setting out fire must be brought in the county where the land lies. Perry v. R. R., 153 N. C., 117. Section 424 provides for venue \u201cin all other cases,\u201d with the proviso as to railroads, which must be construed as applying to all cases not provided for in the preceding sections. Propst v. R. R., 139 N. C., 399.\nAffirmed.",
        "type": "majority",
        "author": "Clasrk, C. J."
      }
    ],
    "attorneys": [
      "J. W. Pless for plaintiff.",
      "J. Bis Ray, Gillis Gardner, and'A. S. Barnard for defendant."
    ],
    "corrections": "",
    "head_matter": "GUS FORNEY v. BLACK MOUNTAIN RAILROAD COMPANY.\n(Filed 8 May, 1912.)\nRailroads, Domestic \u2014 Personal Injuries \u2014 Damages \u2014 Venue \u2014 Adjoining County \u2014 Interpretation of Statutes.\nTlie provisions of Revisal, sec. 424, permitting a plaintiff: to sue a railroad for damages for a personal injury in an adjoining count}\u2019 to that wherein the cause of action arose, applies to all railroad companies.\nAppeal by defendant from Foushee, J., at November Term, 1911, of Mitchell.\nThe facts are sufficiently stated in the opinion of the Court by Mr. Chief Justice Clark.\nJ. W. Pless for plaintiff.\nJ. Bis Ray, Gillis Gardner, and'A. S. Barnard for defendant."
  },
  "file_name": "0157-01",
  "first_page_order": 205,
  "last_page_order": 206
}