Beasley v. Aberdeen & Rockfish Railroad
Supreme Court of North Carolina
Civil actioN, tried before Webb, J., and a jury, at April Term, 1907, of the Superior Court of Cum:berlaND County. On 29 May, 1890, tbe Enterprise Land and Improvement Company was incorporated, pursuant to tbe general law of tbe State.
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Civil actioN, tried before Webb, J., and a jury, at April Term, 1907, of the Superior Court of Cum:berlaND County. On 29 May, 1890, tbe Enterprise Land and Improvement Company was incorporated, pursuant to tbe general law of tbe State. The business proposed to be conducted by tbe company is stated in tbe articles of incorporation: “To transport and carry, for tolls, timber, lumber and produce of all kinds, naval stores and all kinds of produce and merchandise of every nature and description; and, for this purpose, may build and operate, if necessary, tramways or other roads, not meaning to…
1Opinion of the Court
CoNNOR, J.,
after stating the facts: It is conceded that the deed from Maleom Mclnnis to John Beasley, under which plaintiff claims, covers the tract of land described in the complaint, over which defendant has constructed its tract and is now operating the business of a common carrier. The right of the plaintiff, therefore, to maintain this action depends upon the answer to the second issue, “Is the plaintiff the owner of the strip of land mentioned and referred to in the complaint?” His Honor instructed the jury to answer the issue “No.” In any aspect of the case this was error— doubtless…
2Cases cited4 opinions
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Warren & Ouachita Valley Railroad v. GarrisonSupreme Court of Arkansas · 1905
3Cited by11 opinions
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- State v. CookeSupreme Court of North Carolina · 1958
- Wadsworth Land Co. v. Piedmont Traction Co.Supreme Court of North Carolina · 1913
- Porter v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1908
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