Madison County Railway Co. v. Gahagan
Supreme Court of North Carolina
Appeal by defendant from Long, J., at February Term, 1912, OÍ MADISON. Tbis is a proceeding brought by tbe plaintiff against tbe defendants for tbe condemnation of certain lands belonging to tbe defendants for a right of way for railroad purposes.
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Appeal by defendant from Long, J., at February Term, 1912, OÍ MADISON. Tbis is a proceeding brought by tbe plaintiff against tbe defendants for tbe condemnation of certain lands belonging to tbe defendants for a right of way for railroad purposes. Tbe proceeding was commenced by a summons issued by tbe Clerk of tbe Superior Court of Madison County on 28 December, 1910. Upon tbe return of tbe summons, complaint and answer having been filed, tbe clerk made an order appointing -commissioners to assess damages and benefits to tbe defendants’ lands. Tbe commissioners reported that tbe damages and…
1Opinion of the CourtAlleN, J.
Tbe denial by tbe defendants of tbe allegation in tbe petition that it is tbe intention of tbe petitioner in good faith to construct and operate tbe proposed railroad, does not raise an issue of fact, and bis Honor properly refused to submit tbe issue tendered. R. R. v. R. R., 148 N. C., 64.
In this case, tbe Court says: “Tbe plaintiff, as required by section 2580, Revisal, stated in its petition that it bad been duly chartered; that it was its intention in good faith to construct, *193finish, and operate a railroad from and to the termini named ■ in its charter; that its capital stock, as…
2Cases cited2 opinions
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
- Johnson City Southern Railway Co. v. South & Western RailroadSupreme Court of North Carolina · 1908
3Cited by10 opinions
- In Re Housing Authority of City of SalisburySupreme Court of North Carolina · 1952
- Nantahala Power & Light Co. v. MossSupreme Court of North Carolina · 1941
- Kaperonis v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Armstrong v. McInnisSupreme Court of North Carolina · 1965
- Horton v. Redevelopment Commission of High PointSupreme Court of North Carolina · 1964
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