Campbell v. Raleigh & Charleston Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at April Term, 1912, of BobesoN. Civil action to recover damages to plaintiff’s land., caused by ( the building of a railroad embankment. Defendant duly pleaded three and five years statute of limitations. At the close of the testimony, on adverse intimation from the court, the plaintiff submitted to a nonsuit and appealed.
1Opinion of the CourtHoke, J.
Our statute, Revisal, sec. 394, subsec. 2, provides as follows: “No suit, action, or proceeding shall be brought or maintained against any railroad company by any person for damages caused by the construction of said road or the repairs thereto, unless such suit, action, or proceeding shall be commenced within five years after the cause of action accrues; and the jury shall assess the entire amount of damages which the party aggrieved is entitled to recover by reason of the trespass on his property.” The summons in this action was first issued on 17 September, 1908, and, on a perusal of the…
2Cases cited5 opinions
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Stack v. RailroadSupreme Court of North Carolina · 1905
- Cable Co. v. . MacOnSupreme Court of North Carolina · 1910
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1899
3Cited by6 opinions
- Duval v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Louisville & Nashville Railroad v. NicholsSupreme Court of North Carolina · 1924
- Perry v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
- Tate v. Western Carolina Power Co.Supreme Court of North Carolina · 1949
- Claris v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
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