Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.
Supreme Court of North Carolina
MotioN to continue a restraining order to tlie hearing, heard before Connor, J., at Chambers in Oxford, on November 28, 1892. The plaintiff filed affidavits tending to show that it was constructing a railroad from Egypt, in Chatham county, to a point in Randolph county, and that for the purpose of a right of way for its road it had obtained title to the land in question from the owners thereof; that its work of construction was progressing, and that it was now necessary that…
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MotioN to continue a restraining order to tlie hearing, heard before Connor, J., at Chambers in Oxford, on November 28, 1892. The plaintiff filed affidavits tending to show that it was constructing a railroad from Egypt, in Chatham county, to a point in Randolph county, and that for the purpose of a right of way for its road it had obtained title to the land in question from the owners thereof; that its work of construction was progressing, and that it was now necessary that it use the land in dispute to build its road on, as it was completed to this point; that the defendant had, without…
1Opinion of the Court
Avjery, J.:
It is not alleged in the affidavits, nor was it contended upon the argument, that the defendant company is insolvent; on the contrary, it seems to be conceded that it was able to answer in damages for the alleged trespass on the plaintiff’s right of way. Though the fact of such insolvency is not decisive of the right to extraordinary relief, yet in some cases it becomes material. If it shall be found upon an investigation before a jury that the defendant has constructed a road-bed and erected a bridge on land to which the plaintiff has the superior title, and has placed the bridge…
2Cases cited2 opinions
- Western North Carolina Railroad v. Georgia & North Carolina RailroadSupreme Court of North Carolina · 1883
- Town of Durham v. RichmondSupreme Court of North Carolina · 1889
3Cited by7 opinions
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- Huskins v. Yancey HospitalSupreme Court of North Carolina · 1953
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- Rope Co. v. . Aluminum Co.Supreme Court of North Carolina · 1914
- Tucker & Carter Rope Co. v. Southern Aluminum Co.Supreme Court of North Carolina · 1914
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