Click v. Western North Carolina Railroad
Supreme Court of North Carolina
This was a summary PROCEEDING for assessment of damages caused by the construction of a railroad through certain lands, tried before Montgomery, Judge, at November Term, 1887, of MadisoN Superior Court.
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This was a summary PROCEEDING for assessment of damages caused by the construction of a railroad through certain lands, tried before Montgomery, Judge, at November Term, 1887, of MadisoN Superior Court. On the 12th day of August, 1882, the plaintiffs served notice upon the defendant that on the 6th day of September following they would “ apply by petition to the Superior Court for Madison county for the appointment of five freeholders to assess the damages done us by the construction and operation of your road through our lands,” &c.; and on the day thus fixed — the Superior Court then being…
1Opinion of the CourtMerrimon, J.
This is strictly neither a special proceeding nor a civil action, as prescribed and defined by The Code. It is a summary proceeding, allowed in favor of persons owning land claiming against railroad corporations for damages to their land, occasioned by the construction of'the railroads of the latter across and over the lands of the former, as allowed in this, case by the defendant’s charter. (Pr. Acts 1854-’55, ch. 228, §29; Pr. Acts 1848-’49, ch. 82, §§26-29, and The Code, §§1943 — 1949.)
It is begun by an application to the Superior Court of the proper county — not by summons, but by serving…
2Cases cited6 opinions
- Brittain v. . MullSupreme Court of North Carolina · 1884
- Peoples v. . NorwoodSupreme Court of North Carolina · 1886
- Capps v. . CappsSupreme Court of North Carolina · 1881
- Edwards v. CobbSupreme Court of North Carolina · 1886
- Strayhorn v. . BlalockSupreme Court of North Carolina · 1885
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3Cited by5 opinions
- Ketchum Coal Co. v. Pleasant Valley Coal Co.Utah Supreme Court · 1917
- R. R. v. . R. R.Supreme Court of North Carolina · 1890
- Carolina & Northwestern Railway Co. v. Pennearden Lumber & M'f'g Co.Supreme Court of North Carolina · 1903
- Edwards v. . CobbSupreme Court of North Carolina · 1886
- Durham & Northern Railroad v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890