Raleigh, Charlotte & Southern Railway Co. v. McGuire
Supreme Court of North Carolina
Appeal by plaintiffs from Peebles, J., at October Tei*m, 1915, of Wake. Civil action, tried upon these issues: 1. Did plaintiffs or their predecessor abandon the land in controversy, as alleged in answer of defendant? Answer: “Yes.” 2. What damage, if any, has defendant sustained by wrongful acts of plaintiffs, as alleged in answer of defendant? Answer: “$40.” 3. Are the plaintiffs the owners of a right of way extending 50 feet on each side of the center line of the railroad…
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Appeal by plaintiffs from Peebles, J., at October Tei*m, 1915, of Wake. Civil action, tried upon these issues: 1. Did plaintiffs or their predecessor abandon the land in controversy, as alleged in answer of defendant? Answer: “Yes.” 2. What damage, if any, has defendant sustained by wrongful acts of plaintiffs, as alleged in answer of defendant? Answer: “$40.” 3. Are the plaintiffs the owners of a right of way extending 50 feet on each side of the center line of the railroad track in controversy, as alleged in the complaint? Answer.: “No.” 4. Did the defendant wrongfully interfere with the…
1Opinion of the CourtBbowN, J.
Tbe purpose of this action is to restrain defendant from constructing and maintaining a fence upon plaintiffs’ right of way and from otherwise molesting and hindering plaintiffs’ servants in using said right of way, delivering freight thereon, and otherwise discharging duties incumbent upon plaintiff as a common carrier.
The defendant denies many of the allegations of the complaint, but sets up a claim to a part of the right of way,' being the part in controversy, and avers that the plaintiff and its predecessors “permanently abandoned the first location made by said Raleigh and Cape Fear…
2Cases cited7 opinions
- Faw v. WhittingtonSupreme Court of North Carolina · 1875
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Miller v. . PierceSupreme Court of North Carolina · 1889
- Illinois Central R. R. v. WathenAppellate Court of Illinois · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1918
- Hennick v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1954
- Bell v. . BrownSupreme Court of North Carolina · 1947
- Miller v. . TeerSupreme Court of North Carolina · 1942
- Wilmington Furniture Co. v. ColeSupreme Court of North Carolina · 1935
9 more not listed; retrieve them via the Exa API.