Legal Opinion

Railroad v. Olive

Supreme Court of North Carolina

Decided October 16, 1906PublishedCited by 56 opinions

ActioN by Seaboard Air Line Railway against Percy J. Olive and others, pending in the Superior Court of Wake and beard by Judge J ames L. W ebb at Lillington 3 September, 1906, upon plaintiff’s motion for an injunction. From an order denying the injunction, the plaintiff appealed.

1Opinion of the CourtOonnoe, J.

This 'case comes up on an appeal by plaintiff from an order of Webb, Judge, declining a motion for an injunction, heard upon notice. Plaintiff, in the affidavit of its superintendent, sets up a claim to an easement over the lands of defendants, measuring from the center of its track, one hundred feet on each side. For the purpose of showing title the following statutes were introduced:

“An Act to Incorporate the Chatham Railroad Company,” Private Laws 1854-’55, ch. 230. This act confers upon the company, when formed in accordance with its provisions, power to condemn a right-of-way over lands…

2Cases cited16 opinions

  1. Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
  2. Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
  3. Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
  4. Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
  5. Beattie v. Carolina Central RailroadSupreme Court of North Carolina · 1891

11 more not listed; retrieve them via the Exa API.

3Cited by56 opinions

  1. Carolina Power & Light Co. v. BowmanSupreme Court of North Carolina · 1949
  2. Harris Stanley Coal & Land Co. v. Chesapeake & O. Ry. Co.Court of Appeals for the Sixth Circuit · 1946
  3. Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  4. Virginia & Carolina Southern Railroad v. McLeanSupreme Court of North Carolina · 1912
  5. Hendrix v. Southern Railway Co.Supreme Court of North Carolina · 1913

51 more not listed; retrieve them via the Exa API.

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