Western North Carolina Railroad v. Georgia & North Carolina Railroad
Supreme Court of North Carolina
MotioN for injunction in an action pending in Wake Superior Court, heard at. Chambers in October, 1882, before MeKoy, J. The plaintiffs allege that under the provisions of the act incorporating the Western Division of the Western North Carolina Railroad Company, to which the plaintiff company under the name of the Western North Carolina Railroad Company has succeeded, and other acts of legislation relating thereto, a route, westward from Asheville towards the Tennessee…
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MotioN for injunction in an action pending in Wake Superior Court, heard at. Chambers in October, 1882, before MeKoy, J. The plaintiffs allege that under the provisions of the act incorporating the Western Division of the Western North Carolina Railroad Company, to which the plaintiff company under the name of the Western North Carolina Railroad Company has succeeded, and other acts of legislation relating thereto, a route, westward from Asheville towards the Tennessee boundary, passing over a locality known as “Red Marble Gap," has been surveyed and located, and thus an inchoate prior right…
1Opinion of the Court
Smith, C. J.,
after stating the above. From the evidence it seems that the work of construction on the plaintiffs’ western extension of its road has not reached by many miles, nor is’it likely to reach for a long time to come, the locality of the gap.where the defendant company is at work, and whose work is interrupted by the restraining order, nor is the possession of it required for any present use of the plaintiffs.
Moreover, if we understand the operations there in progress, preparing the surface for the laying of a track, instead of being injurious, in case of an ultimate adjudication in…
2Cases cited3 opinions
- Peebles v. Commissioners of Davie CountySupreme Court of North Carolina · 1880
- Dunkart v. . RinehartSupreme Court of North Carolina · 1882
- McCormick v. . NixonSupreme Court of North Carolina · 1880
3Cited by6 opinions
- Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
- Street R. R. v. . R. R.Supreme Court of North Carolina · 1906
- Fayetteville Street Railway v. RailroadSupreme Court of North Carolina · 1906
- Huskins v. Yancey Hospital, Inc.Supreme Court of North Carolina · 1953
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1893
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