Norfolk Southern Railroad v. Ely
Supreme Court of North Carolina
Special PROCEEDING, heard on appeal before Gfudger, Judge, at Spring Term, 1886, of Pasquotank Superior Court. The Proceeding was instituted before the Clerk of the Superior Court of Pasquotank county, to procure for the plaintiff, under its charter, (chapter 18, Laws of 1869-70 and acts amend-atory thereof), the condemnation of certain lands for the use of the plaintiff.
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Special PROCEEDING, heard on appeal before Gfudger, Judge, at Spring Term, 1886, of Pasquotank Superior Court. The Proceeding was instituted before the Clerk of the Superior Court of Pasquotank county, to procure for the plaintiff, under its charter, (chapter 18, Laws of 1869-70 and acts amend-atory thereof), the condemnation of certain lands for the use of the plaintiff. The petition of the plaintiff, after due service of notice, on the defendants, was heard by the Clerk on the 21st of February, 1885, who, after objection by the plaintiff, appointed three freeholders to condemn the land,…
1Opinion of the CourtAshe, J.
(after stating the facts). It was very properly held by the Superior Court, that the commissioners to condemn land for the purposes of the plaintiff in obtaining aright of way, be appointed under the charter of the plaintiff company, and not under the general law. It was so held in the case of Norfolk Southern R. R. Co. v. Warren, 92 N. C., 620; Holloway v. University R. R. Co., 85 N. C., 452.
The sixth section of the plaintiff’s charter provides, that “if the President and Directors, or their agents, cannot agree with the land-owners, in regard to the value of the land of the latter, through…
2Cases cited2 opinions
- Norfolk Southern Railroad v. . WarrenSupreme Court of North Carolina · 1885
- Holloway v. University RailroadSupreme Court of North Carolina · 1881
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