McIntire v. Western N. C. Railroad
Supreme Court of North Carolina
This was an appeal by the plaintiff, from the decision of his Honor, Ilenry, J., made at the Fall Term, 187i, of McDowell, Superior Court. The Plaintiffs, through whose land the defendant’s Railroad passes, brought an action sounding in damages, under the C. C. P., for the injury sustained by the location of defendant’s Railroad on his land.
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This was an appeal by the plaintiff, from the decision of his Honor, Ilenry, J., made at the Fall Term, 187i, of McDowell, Superior Court. The Plaintiffs, through whose land the defendant’s Railroad passes, brought an action sounding in damages, under the C. C. P., for the injury sustained by the location of defendant’s Railroad on his land. His Honor below held, that as the charter of the Railroad Company prescribes a summary remedy by petition to recover damages of the defendants, the plaintiffs .could not bring an action as at common law, or under the C. C. P. Other points were raised,…
1Opinion of the CourtRodman, J.
The only question presented in this case is, whether the common law remedy of an owner of land, by an ' action of trespass, against a railroad company which has entered on his lands for the purpose of building its road, is taken away by Rev. Code, eh. 61, sections 9 to 21; or whether the remedy thereby given is cumulative.
'We are of opinion that the intention of the act was, to deprive the owner of his common law remedy, and to give him. the one provided by the act in lieu of it We come to this conclusion from the analogy between the policy of the act mentioned, and the act oí 1809 on the…
2Cited by27 opinions
- Johnston v. . RankinSupreme Court of North Carolina · 1874
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
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