Keziah v. Seaboard Air Line Railroad Company

The first and principal question for decision is whether the charter granted to Wilmington and Charlotte Railroad Company by the 1854-1855 Session of the General Assembly by Chapter 225 granted a right of way 100 feet wide on each side of defendant’s main track, measuring from the center of same.

It is of interest to note that in the case of R. R. v. McCaskill, 94 N.C. 746, one of defendant’s corporate predecessors was plaintiff and the act before us in the instant case was therein construed. In that case the railroad brought an action in ejectment to recover possession of property located…