Supreme Court of North Carolina October 5, 1886 (Middleton v. Wilmington & Weldon Railroad)

Smith, C. J.

(after stating the facts). The action is for a penalty which the statute gives “to any person suing for

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the same.” The defendant company sets up in bar of the recovery, an agreement entered into between itself and O. P. Middleton, a son of the plaintiff, who was claiming the penalty, for a reference, and the award made against the defendant's liability.