Starnes v. Raleigh, Charlotte & Southern Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Lane, 3., at March Term, 1915, of Meck-leNbueg. Civil action tried upon these issues: 1. Is the plaintiff the owner of the lands described in the complaint ? Answer: Yes. 2. Did the defendant enter upon the lands of the plaintiff and lay off .and appropriate to its use as a right of way for railroad purposes a strip of land one hundred feet in width, extending in the rear of the plaintiff’s house and barn through the said lands a distance of about…
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Appeal by defendant from Lane, 3., at March Term, 1915, of Meck-leNbueg. Civil action tried upon these issues: 1. Is the plaintiff the owner of the lands described in the complaint ? Answer: Yes. 2. Did the defendant enter upon the lands of the plaintiff and lay off .and appropriate to its use as a right of way for railroad purposes a strip of land one hundred feet in width, extending in the rear of the plaintiff’s house and barn through the said lands a distance of about one-half mile? Answer: Yes. 3. Did tbe plaintiff execute the paper-writing set forth in paragraph three of the defendant’s…
1Opinion of the CourtBbowk, J.
The plaintiff seeks to recover permanent damages for the appropriation of a right of way through his farm by defendant. The right of way is immediately in the rear of plaintiff’s residence and within twenty-five steps of his barn, and runs the entire length of the farm one hundred feet in width. The excavation is sixteen and a half feet deep and thirty-six feet wide.
The evidence shows that the land actually appropriated by the defendant was between six and seven acres. The excavation cut the plaintiff off from the main part of his plantation, and was cut through a twenty-acre field of his…
2Cases cited5 opinions
- Griffin v. Lumber Co.Supreme Court of North Carolina · 1906
- Leonard v. Southern Power Co.Supreme Court of North Carolina · 1911
- Trollinger v. . FleerSupreme Court of North Carolina · 1911
- Taylor v. Albemarle Steam Navigation Co.Supreme Court of North Carolina · 1890
- Porter v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1903
3Cited by11 opinions
- Cofield v. GriffinSupreme Court of North Carolina · 1953
- Keith v. WilderSupreme Court of North Carolina · 1955
- Brimmer v. M. H. Brimmer & Co.Supreme Court of North Carolina · 1917
- Rhône-Poulenc Agro S.A. v. Monsanto Co.District Court, M.D. North Carolina · 1999
- Homelite, a Division of Textron, Inc., a Rhode Island Corporation v. Trywilk Realty Company, Inc., a North Carolina CorporationCourt of Appeals for the Fourth Circuit · 1959
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