Durham v. Trustees of Bullock Church
Supreme Court of North Carolina
Eminent Domain — Condemnation of Land — Damages—Evidence — Appraisement. The plaintiff brought its summary proceeding to'condemn land of the defendants for the purpose of right-of-way for its railroad. Commissioners were appointed to view the land and assess damages. They did so, and made their report, assessing damages to defendant at three hundred dollars, to which the plaintiff excepted and objected, upon the ground that the damage assessed was excessive.
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Eminent Domain — Condemnation of Land — Damages—Evidence — Appraisement. The plaintiff brought its summary proceeding to'condemn land of the defendants for the purpose of right-of-way for its railroad. Commissioners were appointed to view the land and assess damages. They did so, and made their report, assessing damages to defendant at three hundred dollars, to which the plaintiff excepted and objected, upon the ground that the damage assessed was excessive. In the Superior Court, issues were submitted to a jury. On the trial, the parties examined divers witnesses. Certain of those examined…
1Opinion of the CourtMerrimon, C. J.
— after stating the case: We need not trouble ourselves to settle here the particular rules to be observed in assessing damages under the statutory provisions of this State against railroad companies occasioned by the location of the right-of-way for their railroads across the land of individuals, because the plaintiff requested the Court, among other things, to instruct the jury, “ that the defendant is only entitled to recover such actual damages as result from the taking of the land, and such damages as directly flow therefrom,” and it gave this instruction. Indeed, it gave all the…
2Cases cited3 opinions
- Thornton v. . BradySupreme Court of North Carolina · 1888
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Carolina Central Railway Co. v. PhillipsSupreme Court of North Carolina · 1878
3Cited by18 opinions
- Long v. City of CharlotteSupreme Court of North Carolina · 1982
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Proctor v. Highway CommissionSupreme Court of North Carolina · 1949
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
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