Livermon v. Roanoke & Tar River Railroad
Supreme Court of North Carolina
Proceeding to recover compensation for lands appropriated by a railroad company, tried at Spring Term, 1891, of Bertie Superior Court, Connor, J., presiding.
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Proceeding to recover compensation for lands appropriated by a railroad company, tried at Spring Term, 1891, of Bertie Superior Court, Connor, J., presiding. The Roanoke and Tar River Railroad Company was incorporated by ch. 218, Laws of 1885. The petition of the plaintiff alleged that the defendant corporation entered upon the land claimed by her, without her permission and proceeded to construct its road-bed thereon, whereby she was greatly damaged, etc., and prayed the appointment of Commissioners to assess her damages. The defendant, among other things, set up by way of defence a…
1Opinion of the Court
Shepherd, J.:
1. The plea of the statute of limitations cannot be sustained. It is true that the charter of the defendant provides that it shall have “the powers and incidents of the North Carolina Railroad Company and other corporations of like nature created by the laws of the State,” but this language is exceedingly indefinite upon the question under consideration, as the charters of some of these corporations contain provisions barring the owner’s claim for damages or compensation after a certain period, while others provide for no such limitation whatever. Land v. Railroad, 107 N. C., 72.…
2Cases cited4 opinions
- Land v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Beck v. Louisville, New Orleans & Texas RailroadMississippi Supreme Court · 1887
- Durham & Northern Railroad v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
- Wade v. HennessySupreme Court of Vermont · 1882
3Cited by6 opinions
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- St. Louis, Kansas & Southwestern Railroad v. NyceSupreme Court of Kansas · 1900
- Beal v. Railroad Co.Supreme Court of North Carolina · 1904
- R. R. v. . R. R.Supreme Court of North Carolina · 1890
- Whitecotton v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1904
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