Caveness v. Charlotte, Raleigh & Southern Railroad
Supreme Court of North Carolina
Civil aotion tried before Connor, J., and a jury, at March Term, 1916, of Wake. The action was to recover permanent damages, claimed by plaintiff by reason of the construction. and operation of defendant railroad, and the facts in evidence tended to show that in 1913 plaintiff was the owner and in the possession and occupation of a house and lot in the city of Raleigh abutting on Boylan Avenue on the east and on Montford and Cutler streets on the north and west, and at said…
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Civil aotion tried before Connor, J., and a jury, at March Term, 1916, of Wake. The action was to recover permanent damages, claimed by plaintiff by reason of the construction. and operation of defendant railroad, and the facts in evidence tended to show that in 1913 plaintiff was the owner and in the possession and occupation of a house and lot in the city of Raleigh abutting on Boylan Avenue on the east and on Montford and Cutler streets on the north and west, and at said time defendants constructed their railroad leading out of Raleigh, N. C., across said Mont-ford and Cutler streets at…
1Opinion of the CourtHoKE, J.
It is objected for defendant that as no part of plaintiff’s lot was taken by the railroad company, he is not entitled to recover damages for any impairment of value caused by the operation of defendant’s trains; but the authorities are to the effect that the construction and operation of a steam railroad on a street is an additional burden not contemplated or included in the original dedication for street purposes, and that the same constitutes a physical interference with the proper enjoyment of his easement on the -street by an abutting owner which amounts to a “taking,” as the term is used…
2Cases cited13 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- Carolina & Yadkin River Railroad v. ArmfieldSupreme Court of North Carolina · 1914
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Powell v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1919
- Liverman v. . R. R.Supreme Court of North Carolina · 1891
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Hughes v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1969
- Mason v. Durham CountySupreme Court of North Carolina · 1918
12 more not listed; retrieve them via the Exa API.