McCulloch v. Southern Railway Co.
Supreme Court of North Carolina
ActxoN beard by Jones, J., April Term, 1908, of Guil-KORD, upon petition for removal to tbe Circuit Court of tbe United States.. From tbe judgment of bis Honor that tbe cause was not removable, tbe Southern Railway Co. appealed.
1Dissent
OuaRK, O. J.,
dissenting. This is an action begun against the N. C. R. R. Co. (a North Carolina corporation) and the Southern R. R. Co. (a foreign corporation), the former being lessor and the latter lessee of the former’s property. The action was brought to recover $1,500.00 damages for trespass in using the easement in the right of way of lessor company for purposes not covered by the rights acquired by the latter in its capacity as lessee.
This case was here at Fall Term, 1907, 146 N. C., 316. In deciding that any use by the lessee of the property for purposes other than those pertaining to…
2Cases cited12 opinions
- Monongahela Navigation Co. v. United StatesSupreme Court of the United States · 1893
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Toledo, Ann Arbor & Grand Trunk Railway Co. v. DunlapMichigan Supreme Court · 1882
- Searl v. School District No. 2Supreme Court of the United States · 1888
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