Dickson v. . Perkins
Supreme Court of North Carolina
Civil a.ctioN beard on return to preliminary restraining order before Webb, J., bolding tbe courts of Eleventh Judicial District, on 16 March, 1916, at chambers, from Ashe. The order was to restrain the defendants from laying out a public road pursuant to chapter 717, Public-Local Laws 1915. There was judgment dissolving restraining order and appointing a jury to assess damages, pursuant to general road law, Ashe County, and plaintiff excepted and appealed.
1Opinion of the CourtIIoiie, J.
The act in question, chapter 717, Public-Local Laws 1913, appoints defendants as commissioners and directs them to lay out a certain highway in Ashe County over the lands of plaintiffs and others, and it is objected to his Honor’s judgment that the statute is unconstitutional in that it makes no provision, or no adequate provision, for the award and payment of the damages that may be suffered by the plaintiff and others, landowners along the designated route. Regarded as a separate and independent piece of legislation, the objection might be sustained, but the statute is, and purports to be,…
2Cases cited8 opinions
- Ross v. Board of SupervisorsSupreme Court of Iowa · 1905
- Keith v. . LockhartSupreme Court of North Carolina · 1916
- State v. . TrippSupreme Court of North Carolina · 1914
- Norfolk Southern Railroad v. ElySupreme Court of North Carolina · 1886
- Board of Commissioners v. SmithSupreme Court of North Carolina · 1892
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3Cited by3 opinions
- Jennings v. State Highway CommissionSupreme Court of North Carolina · 1922
- Jennings v. . Highway Comm.Supreme Court of North Carolina · 1922
- Kinston v. . LoftinSupreme Court of North Carolina · 1908