Powell v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
ActioN tried before Allen, J., and a jury, at Special Term, 1919, of Wake. Tbe action is-to recover damages alleged to bave been caused to tbe lands of plaintiff, a bouse and lot, in Raleigb, N. 0., by tbe construction of a concrete bridge on Hillsboro Street, in said city, over tbe tracks of tbe railroad companies, raising tbe approaches to said bridge, to the injury of plaintiff’s lot abutting on tbe street.
Read the full summary
ActioN tried before Allen, J., and a jury, at Special Term, 1919, of Wake. Tbe action is-to recover damages alleged to bave been caused to tbe lands of plaintiff, a bouse and lot, in Raleigb, N. 0., by tbe construction of a concrete bridge on Hillsboro Street, in said city, over tbe tracks of tbe railroad companies, raising tbe approaches to said bridge, to the injury of plaintiff’s lot abutting on tbe street. During tbe progress of tbe cause a nonsuit was entered as to tbe Norfolk Southern Railroad Company and tbe City of Raleigb, and tbe issues were determined as between plaintiffs, owners…
1Opinion of the CourtHoee, J.
Tbe right of tbe city government, both under its police powers and tbe several statutes applicable to require railroads to construct bridges along streets running over their tracks, is fully established in this jurisdiction and is recognized in well-considered cases elsewhere. R. R. v. Goldsboro, 155 N. C., 356; S. v. City of Minneapolis, 98 Mich., 380; Cleveland v. City of Augusta, 102 Ga., 233; R. R. v. Nunn, 208 H. S., 583; 3 Elliott on Eailroads (2d Ed.), sec. 1092; Eev., secs. 2569-2700, etc. And there is high authority for tbe position that when such a bridge has been constructed…
2Cases cited19 opinions
- Brewer v. RingSupreme Court of North Carolina · 1919
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- Blevins v. Erwin Cotton MillsSupreme Court of North Carolina · 1909
- Burritt v. City of New HavenSupreme Court of Connecticut · 1875
- Cleveland v. City Council of AugustaSupreme Court of Georgia · 1897
14 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Highway & Public Works Commission v. HartleySupreme Court of North Carolina · 1940
- Western Carolina Power Co. v. HayesSupreme Court of North Carolina · 1927
- Bennett v. . R. R.Supreme Court of North Carolina · 1915
- Teseneer v. Henrietta Mills Co.Supreme Court of North Carolina · 1936
- Peterson v. Tidewater Power Co.Supreme Court of North Carolina · 1922
15 more not listed; retrieve them via the Exa API.