Richmond & Danville Railroad v. Durham & Northern Railway Co.
Supreme Court of North Carolina
Railroads — License—Statute of Frauds — Easement—Estoppel. This is a civil action, heard upon motion for injunction, before Connor, J., at Spring Term, 1889, of VaNCE Superior Court. The Oxford & Henderson Railroad was chartered on the 23d day of March, 1871. In the month of August, 1881, it completed its track to a point in the town of Henderson,, designated as A” in the diagram, within a few feet of the right-of-way of the Raleigh & Gaston Railroad Company.
Read the full summary
Railroads — License—Statute of Frauds — Easement—Estoppel. This is a civil action, heard upon motion for injunction, before Connor, J., at Spring Term, 1889, of VaNCE Superior Court. The Oxford & Henderson Railroad was chartered on the 23d day of March, 1871. In the month of August, 1881, it completed its track to a point in the town of Henderson,, designated as A” in the diagram, within a few feet of the right-of-way of the Raleigh & Gaston Railroad Company. From the point “A” to the passenger depot of the Raleigh & Gaston Railroad Company the distance is about_feet. For the purpose of…
1Opinion of the CourtShepherd, J.
— after stating the case: The first two grounds upon which the plaintiffs base their right to the location in question are, to use their own language, as follows:
1. “By a continued possession for more than two years after the road has been located, which is the provision of the Western N. C. Railroad charter, or two years after the road was finished, which is the provision of the N. C. Railroad charter; because the Oxford & Henderson Railroad Company has the same privileges or immunities possessed or enjoyed by any other railroad in this State.
' 2. “The plaintiff also claims the right to…
2Cases cited12 opinions
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
- Mumford v. WhitneyNew York Supreme Court · 1836
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Woodward v. SeelyIllinois Supreme Court · 1849
- Johnson v. SkillmanSupreme Court of Minnesota · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. . FisherSupreme Court of North Carolina · 1895
- Bass v. Roanoke Navigation & Waterpower Co.Supreme Court of North Carolina · 1892
- Hall v. . TurnerSupreme Court of North Carolina · 1892
- Emry v. Roanoke Navigation & Water-Power Co.Supreme Court of North Carolina · 1892
- Goldsboro Lumber Co. v. Hines Bros. Lumber Co.Supreme Court of North Carolina · 1900
4 more not listed; retrieve them via the Exa API.