 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Thompson v. Norfolk Southern Railway Co.9/19/2000
e"). However, the trial court below did not have the authority to grant such a motion at this juncture.
Plaintiff argues that this case was properly filed in Mecklenburg County pursuant to section 1-81 of the North Carolina General Statutes. We disagree.
Section 1-81 provides the following:
ll actions against railroads . . . must be tried either in the county where the cause of action arose or where the plaintiff resided at that time or in some county adjoining that in which the cause of action arose, subject to the power of the court to change the place of trial as provided by statute. N.C.G.S. ยง 1-81.
Section 1-81 is only applicable when the railroad is the sole defendant. Smith v. Patterson, 159 N.C. 138, 74 S.E. 923 (1912) (examining a preceding venue proviso which has since been enacted as section 1-81). Because plaintiff sued both a railroad and a municipality, we find no merit in plaintiff's argument. Therefore, we conclude that the only county of proper venue for this action was Rowan County and that the trial court should have transferred the case accordingly.
For the foregoing reasons, we affirm the court's order denying plaintiff's motion to compel arbitration. We further reverse the order of the court denying Salisbury's motion to remove. Finally, we dismiss plaintiff's appeal of the court's order denying plaintiff's motion to dismiss.
Affirmed in part, reversed in part, and dismissed in part.
Judges JOHN and WALKER concur.
Judge JOHN concurred prior to 31 August 2000.
|