{
  "id": 8654488,
  "name": "ELLA R. VANN v. SOUTHERN RAILWAY COMPANY",
  "name_abbreviation": "Vann v. Southern Railway Co.",
  "decision_date": "1920-10-13",
  "docket_number": "",
  "first_page": "659",
  "last_page": "660",
  "citations": [
    {
      "type": "official",
      "cite": "180 N.C. 659"
    }
  ],
  "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": "179 N. C., 508",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8656562
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    {
      "cite": "129 N. C., 354",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8660917
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      "case_paths": [
        "/nc/129/0354-01"
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    {
      "cite": "116 N. C., 940",
      "category": "reporters:state",
      "reporter": "N.C.",
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        8655881
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      "case_paths": [
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    {
      "cite": "178 N. C., 609",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "179 N. C., 225",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8655526
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/179/0225-01"
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  "analysis": {
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  "last_updated": "2023-07-14T14:30:08.757715+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ELLA R. VANN v. SOUTHERN RAILWAY COMPANY."
    ],
    "opinions": [
      {
        "text": "Pee OueiaM.\nThere were divers exceptions assigned as error, but tbey were all abandoned in tbis Court, save exception 4, tbat tbe court overruled tbe motion of tbe Southern Railroad Company to dismiss tbe action as to it \u201cupon tbe ground and because of its nonliability by reason of Federal control,\u201d which motion .was in writing, and is set out in tbe record.\nIt is not necessary to discuss tbis point, as it was fully considered and decided in Clements v. R. R., 179 N. C., 225, as to tbe same defendant in which we affirmed tbe decision in Hill v. Director General, 178 N. C., 609, tbat tbe Director General was in effect a receiver, and therefore tbe action will lie against him under tbe act\u2019 of Congress, and tbat tbe defendant, tbe Southern Railroad Company, was properly joined as a \u2018codefendant under tbe rulings in Logan v. R. R., 116 N. C., 940; Harden v. R. R., 129 N. C., 354, and tbe uniform decisions of tbis Court since.\nTbe decision in Clements v. R. R., supra, and other cases cited above, and tbe reasons tberefor, were reviewed and reaffirmed in Gilliam v. R. R., 179 N. C., 508.\nUpon tbe authority of tbe above cases, and for tbe reasons therein given, we find in tbis appeal\nNo error.",
        "type": "majority",
        "author": "Pee OueiaM."
      }
    ],
    "attorneys": [
      "J ones & Bailey and B. B. Simms for plaintiff.",
      "William B. Snow for defendants."
    ],
    "corrections": "",
    "head_matter": "ELLA R. VANN v. SOUTHERN RAILWAY COMPANY.\n(Filed 13 October, 1920.)\nParties \u2014 Railroads\u2014Government Control \u2014 Director General of Railroads.\nUnder the Federal Control Act tbe Director General of Railroads, is, in effect, a receiver, and an action will therefore lie against him, as such, for damages for the actionable negligence of an employee of a railroad under Government control and the railroad company is also properly joined as a party defendant.\nAppeal by defendant from Daniels, J., at May Term, 1920, of Wake.\nTbis was an action by R. T. Yann and wife, Ella R. Yann, against tbe Southern Railroad and Walker D. Hines, Director General of Railroads, and tbe Southern Express Company, for personal injuries sustained by Ella R. Yann by tbe alleged negligence of tbe defendants, caused by tbe falling of a tongue of a truck operated at tbe union station in Raleigh in March, 1918. Tbe husband of tbe plaintiff, R. T. Yann, entered a nonsuit, and tbe court directed a nonsuit as to tbe express company. Yerdict for plaintiff; appeal by tbe defendants.\nJ ones & Bailey and B. B. Simms for plaintiff.\nWilliam B. Snow for defendants."
  },
  "file_name": "0659-01",
  "first_page_order": 717,
  "last_page_order": 718
}