Evans v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
MotioN to continue an injunction to the hearing, in an action pending in Halifax Superior Court, heard before Gvdger, Judge, at Chambers, in Jackson, on October 7th, 1886. The defendant company, in December, 1884, became the owners of a certain lot in the town of Weldon, on which, for years previous, there had been erected a hotel, used and maintained for that purpose, and so kept up by the defendant.
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MotioN to continue an injunction to the hearing, in an action pending in Halifax Superior Court, heard before Gvdger, Judge, at Chambers, in Jackson, on October 7th, 1886. The defendant company, in December, 1884, became the owners of a certain lot in the town of Weldon, on which, for years previous, there had been erected a hotel, used and maintained for that purpose, and so kept up by the defendant. The plaintiff Augusta ovnis a lot containing three buildings, her dwelling, a butcher shop and a confectionery store, and also a lot known as “Delmonico’s/’ formerly used as a billiard and…
1Opinion of the Court
Smith, C. J.,
(after stating the facts). While this is a case in which we are required to examine the proofs and pass upon their sufficiencjr to warrant the interlocutory order of restraint, we do not, after weighing and considering it, deem it necessary to do more than state the convictions produced.
While much of the testimony is variant as to the existing condition of things, and being ex parte, renders it difficult to arrive at any satisfactory conclusion as to the facts, it will be noticed that the most material element in the controversy, the effect of the exhalations arising from the…
2Cited by9 opinions
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Hull v. Roxboro.Supreme Court of North Carolina · 1906
- Farley v. Crystal Coal & Coke Co.West Virginia Supreme Court · 1920
- Wm. Tackaberry Co. v. Sioux City Service Co.Supreme Court of Iowa · 1911
- Roanoke Navigation Co. v. EmrySupreme Court of North Carolina · 1891
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