Bradshaw v. Hilton Lumber Co.
Supreme Court of North Carolina
Civil actioN, tried before Kerr, J., and a jury, at January Term, 1920, of DupliN. The action is based upon the allegations that during the years 1913 to the year 1916, both inclusive, and continuously during said time, the defendant,' Hilton Lumber Company, for its own private use, benefit, and advancement, unlawfully and wrongfully, and from day to day, entered upon and trespassed upon plaintiff’s tract of land described in the complaint, and from day to day and…
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Civil actioN, tried before Kerr, J., and a jury, at January Term, 1920, of DupliN. The action is based upon the allegations that during the years 1913 to the year 1916, both inclusive, and continuously during said time, the defendant,' Hilton Lumber Company, for its own private use, benefit, and advancement, unlawfully and wrongfully, and from day to day, entered upon and trespassed upon plaintiff’s tract of land described in the complaint, and from day to day and continuously during said years often greatly damaged and injured the plaintiff’s said tract of land. The Hilton Eailroad and…
1Opinion of the Court
Walker, J.,
after stating the facts as above: There was strong evidence tending to show that the logging road was chartered and the lumber road built for the sole use and benefit of the defendant, in order that it might haul its lumber over it for its own private purpose. So far as the logging road is concerned, it abdicated its public duty and assigned, under its contract with the defendant, all of its franchises, rights, and privileges under its charter, to the latter. This it had no power or right to do. The Hilton Lumber Company had no right of eminent domain, or right of condemning…
2Cases cited7 opinions
- Raleigh & Gaston Rail Road v. DavisSupreme Court of North Carolina · 1837
- State v. . GlenSupreme Court of North Carolina · 1859
- State v. . LyleSupreme Court of North Carolina · 1888
- Gauley & Summersville Railroad v. VencillWest Virginia Supreme Court · 1914
- Hales v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Allen v. Martin Marietta Corp.Court of Appeals of North Carolina · 1975