McCullock v. North Carolina Railroad
Supreme Court of North Carolina
PLAINTIFFS' APPEAL. Civil actiost, tried before Justice, J., and a jury, at June Term, 1907, of tbe Superior Court of GruiLKonn County. The facts sufficiently appear in the opinion of the Court. DEFENDANTS’ APPEAL IN SAME CASE.
1Opinion of the Court
PLAINTIFFS' APPEAL. The action of the plaintiffs is in the nature of an action of ejectment and also for wrongful entry and trespass. But they are entitled, irrespective of the prayer for relief, to any remedy to which the facts alleged and proven entitle them. Gillam v. Ins. Co., 121 N.C. 372, and numerous cases there cited.
Succinctly stated, those facts are: The North Carolina Railroad Company acquired, in 1850, by deed, an easement in the lot in question, which is now used by the Southern Railway Company for trackage and similar purposes. The Southern Railway Company, the defendant, as…
2Cases cited5 opinions
- Gardiner v. MaySupreme Court of North Carolina · 1916
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
- Stout v. Valle Crucis, Shawneehaw & Elk Park Turnpike Co.Supreme Court of North Carolina · 1911
3Cited by17 opinions
- Shipp Ex Rel. Shipp v. United Stage Lines, Inc.Supreme Court of North Carolina · 1926
- Hughes Ex Rel. Hughes v. VestalSupreme Court of North Carolina · 1965
- Hooper v. Maryland Casualty Co.Supreme Court of North Carolina · 1951
- Starnes v. . TysonSupreme Court of North Carolina · 1946
- Guy v. Ætna Life InsuranceSupreme Court of North Carolina · 1934
12 more not listed; retrieve them via the Exa API.