Carolina Central Railway Co. v. Phillips
Supreme Court of North Carolina
Civil ActioN, removed from Mecklenburg and tried at Fall Term, 1877, of Cabarrus Superior Court, before Kerr, J. This proceeding was instituted by the plaintiff to condemn the land of defendants through which its road was built, and Commissioners were appointed by the Clerk of the Superior Court .under an Act of Assembly, who-assessed damages in favor of the defendants in an amount which was. alleged by tbe plaintiff to be excessive. . An appeal was taken from the report of…
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Civil ActioN, removed from Mecklenburg and tried at Fall Term, 1877, of Cabarrus Superior Court, before Kerr, J. This proceeding was instituted by the plaintiff to condemn the land of defendants through which its road was built, and Commissioners were appointed by the Clerk of the Superior Court .under an Act of Assembly, who-assessed damages in favor of the defendants in an amount which was. alleged by tbe plaintiff to be excessive. . An appeal was taken from the report of the Commissioners to the Superior Court, and a jury trial had. The verdict of the jury sustained the exceptions to the…
1Opinion of the CourtReade, J.
To enable the plaintiff to condemn the land of the defendant, its charter prescribes that it may file a petition before the Clerk of the Superior Court, and the Clerk may appoint Commissioners, and they may appraise the damage to be paid to the defendant and report to the Court from which the commission issued. And.if either party is dissatisfied, there may be an appeal to the Superior Court. Acts 1872-’73, ch. 75, § 9.
It will be noticed that the provision is very meagre and unsatisfactory, and if it stood alone, would be very difficult to administer. How the appeal is to be effected and what…
2Cases cited1 opinion
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
3Cited by3 opinions
- Durham v. Trustees of Bullock ChurchSupreme Court of North Carolina · 1889
- Carolina Central Railway Co. v. LoveSupreme Court of North Carolina · 1879
- Wooten v. . WaltersSupreme Court of North Carolina · 1892