Norfolk Southern Railroad v. Ely
Supreme Court of North Carolina
This is an application to condemn land for drainage, heard upon exceptions to commissioners’ report, by Montgomery, J., at Spring Term, 1888, of Pasquotank Superior Court. The plaintiff, a corporation formed and operating under a law of this State, has acquired a right of way and constructed a portion of its railway upon and over a parcel of low land belonging to the defendant, and known as the Great Park Estate, in the County of Pasquotank.
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This is an application to condemn land for drainage, heard upon exceptions to commissioners’ report, by Montgomery, J., at Spring Term, 1888, of Pasquotank Superior Court. The plaintiff, a corporation formed and operating under a law of this State, has acquired a right of way and constructed a portion of its railway upon and over a parcel of low land belonging to the defendant, and known as the Great Park Estate, in the County of Pasquotank. It alleges in its petition filed before the Clerk that formerly the surface water accumulating on the road-bed was carried away by a ditch, called the…
1Opinion of the Court
Smith, C. J.,
(after stating the case.) Whatever issues of fact are made in the pleading should have been framed and settled by the jury, and it was too late to raise them after the verdict upon the one inquiry agreed on by the counsel of the respective parties at the trial before the Judge.
The exceptions are themselves untenable, at least at the stage in the proceeding at which they were filed :
1. No issue was made as to the plaintiff’s title when the aid of the jury was required, and the form of that submitted assumes the plaintiff’s ownership of the right of way over the land to be…
2Cited by5 opinions
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- Skinner v. . CarterSupreme Court of North Carolina · 1891
- Porter v. . ArmstrongSupreme Court of North Carolina · 1904
- Hanes v. North Carolina RailroadSupreme Court of North Carolina · 1891