Allen v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a civil actioN, tried before Avery, J., at Fall Term, 1888, of the Superior Court of JoiikstoN Countjc The defendant company, to whom, under the name of “ The Wilmington and Raleigh Railroad Company,” its charter was granted in 1833 by the General Assembly, and whose corporate name was, by the act of February 14, 1855, changed into that it now has, upon the substitution of another terminus for the road, was authorized by section 21 “to construct a branch or brandies…
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This was a civil actioN, tried before Avery, J., at Fall Term, 1888, of the Superior Court of JoiikstoN Countjc The defendant company, to whom, under the name of “ The Wilmington and Raleigh Railroad Company,” its charter was granted in 1833 by the General Assembly, and whose corporate name was, by the act of February 14, 1855, changed into that it now has, upon the substitution of another terminus for the road, was authorized by section 21 “to construct a branch or brandies to the main road, to be connected with the main road at such point or points as they (the stockholders) may determine…
1Opinion of the CourtSmith, C. J.
(after stating the case). The exceptions are very numerous, and we deem it necessary to notice only one, that is taken to 'the prosecution of the claim set out in article 5 of the first named causes of action contained in the complaint, and none is taken to the first, whose sole object is the setting aside the conveyance of the right of way over the premises, nor to the damages arising from the failure to put up cattle-guards and to construct crossings. The deed, if effectual, allowed the company to select its route, and would bar all claim for damages incidental to and necessarily incurred…
2Cases cited2 opinions
- Singer Manufacturing Co. v. . BarrettSupreme Court of North Carolina · 1886
- Holloway v. University RailroadSupreme Court of North Carolina · 1881
3Cited by19 opinions
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- Citizens National Bank v. CorlSupreme Court of North Carolina · 1945
- R. R. v. . R. R.Supreme Court of North Carolina · 1908
- Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1908
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