Raleigh & Augusta Air Line R. R. v. Wicker
Supreme Court of North Carolina
Tlxis was a special proceemNG tried upon appeal from tlie award of commissioners appointed to assess the damages arising from the construction of the road of the plaintiff through the lands of the defendant, before Buxton J, at Spring Term, 1875, of the Superior Court of Moore county. Commissioners were appointed upon the petition of the plaintiff to assess tlie damages arising from tbe construction of the plaintiff’s road bed through the lands of the defendant.
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Tlxis was a special proceemNG tried upon appeal from tlie award of commissioners appointed to assess the damages arising from the construction of the road of the plaintiff through the lands of the defendant, before Buxton J, at Spring Term, 1875, of the Superior Court of Moore county. Commissioners were appointed upon the petition of the plaintiff to assess tlie damages arising from tbe construction of the plaintiff’s road bed through the lands of the defendant. The damages were assessed at the sum of four hundred dollars, and the plaintiff objected to the finding of the Commissioners on the…
1Opinion of the CourtRodMAN, J.
I. The Judge below was of opinion that the rule for the measure of damages to an owner of land condemned for the use of the railroad, prescribed in the charter of the company, (Private Acts 1862-’63, chap.'26, sec. 7,) was different from, and controlled, that prescribed by the general law, (Bat. Rev., chap. 99, sec. 16,) and lie directed the jury in assessing the damages, to consider and deduct therefrom the benefits of the road to the defendant’s land. This opinion of the Judge was adverse to the defendant, and as he has not appealed, no question upon it comes to us for decision.
As the…
2Cases cited3 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Walker v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1869
- State v. . KrebsSupreme Court of North Carolina · 1870
3Cited by37 opinions
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Chicago, R. I. & P. Ry. Co. v. GrovesSupreme Court of Oklahoma · 1908
- Norfolk & Western R. v. CarterSupreme Court of Virginia · 1895
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- Chowan & Southern Railroad v. ParkerSupreme Court of North Carolina · 1890
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