Cook v. Vickers.
Supreme Court of North Carolina
PeoobbdiNg for a cartway by G. .W. Cook and others against Jas. Vickers and others, heard by Judge T. J. Shaw, at the October Term, 1905, of the Superior Court of Durham. The plaintiffs, through the road supervisor of the district, filed their petition before the county commissioners for the establishment of a cartway from the residence of Geo.
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PeoobbdiNg for a cartway by G. .W. Cook and others against Jas. Vickers and others, heard by Judge T. J. Shaw, at the October Term, 1905, of the Superior Court of Durham. The plaintiffs, through the road supervisor of the district, filed their petition before the county commissioners for the establishment of a cartway from the residence of Geo. W. Cook, one of the plaintiffs, to the Eayetteville Road, a public highway, over the lands of the defendants, under chapter 729', Laws 1901, relating to public roads and cartways in Durham and certain other counties therein named. The commissioners…
1Opinion of the Court
Walker, J.,
after stating the case: The right of appeal, even where property is taken for public use, should not be denied in any case if by fair and reasonable interpretation of the law it can be allowed, and surely we should give a free construction to the statute in favor of the right, as between individuals, one of whom seeks to acquire a right or easement in respect to the other’s land. There is not the same reason in the latter case for refusing the right, which is said to hold good in the former because of the usually long delay thereby caused in the furtherance of public improvements…
2Cases cited8 opinions
- Blair v. Coakley.Supreme Court of North Carolina · 1904
- Holly Shelter Railroad v. NewtonSupreme Court of North Carolina · 1903
- Cozard v. Hardwood Co.Supreme Court of North Carolina · 1905
- American Union Telegraph Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1880
- Norfolk Southern Railroad v. . WarrenSupreme Court of North Carolina · 1885
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