Wellington & Powellsville Railroad v. Cashie & Chowan Railroad & Lumber Co.
Supreme Court of North Carolina
PROCEEDING for the condemnation of right of way for a railroad over defendant’s land — the area of the land sought to be condemned being about eleven acres — heard on affidavits and on the application of the defendant for injunction, etc., before Bynum, J., at Chambers at Newbern on the 6th December, 1893. The defendant alleged that the plaintiff, instead of being-incorporated for the purpose of becoming a public common carrier, was a purely private corporation and formed as…
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PROCEEDING for the condemnation of right of way for a railroad over defendant’s land — the area of the land sought to be condemned being about eleven acres — heard on affidavits and on the application of the defendant for injunction, etc., before Bynum, J., at Chambers at Newbern on the 6th December, 1893. The defendant alleged that the plaintiff, instead of being-incorporated for the purpose of becoming a public common carrier, was a purely private corporation and formed as a subterfuge and for the purpose of evading the result of a litigation pending between the defendant and the Branning…
1Opinion of the Court
Per Curiam :
Upon a consideration of the affidavits filed we are of the opinion that the order of his Honor should not be disturbed. It may also be observed that the existence of the corporation cannot be assailed in this collateral manner (Asheville Div. v. Aston, 92 N. C., 578), and that the amount of land sought to be condemned does not appear' to be unreasonable. The very granting of a charter, like *692this implies that land is necessary to be taken for the right of way, and, unless the discretion is abused, the Courts will not interfere. Railroad v. Railroad, 106 N. C., 23.
Affirmed.
2Cases cited2 opinions
- Asheville Division No. 15 v. . AstonSupreme Court of North Carolina · 1885
- Durham & Northern Railroad v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
3Cited by6 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Morrison v. Indianapolis & Western Railway Co.Indiana Supreme Court · 1906
- Holly Shelter Railroad v. NewtonSupreme Court of North Carolina · 1903
- Fisher v. Insurance Co.Supreme Court of North Carolina · 1904
- Fayetteville Street Railway v. RailroadSupreme Court of North Carolina · 1906
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