Raleigh, Charlotte & Southern Railroad v. Mecklenburg Manufacturing Co.
Supreme Court of North Carolina
Appeal by both parties from Harding, J., at November Term, 1913, of MECKLENBURG.
1DissentWalker, J.
In the defendant’s appeal, I am unable to agree, with my brethren, that the expression in the statute exempting from condemnation the dwelling-house, yard, kitchen, garden, or burial ground is confined solely to the mansion-house, and does not protect the humble cottage or the hut, if it happens to be occupied by a tenant unable; by reason of his poverty, perhaps, to own his own home in fee. I do not think this was intended by the Legislature, nor that such a construction is at all warranted by its language. The purpose was to shield the home itself, without regard to who may occupy it, from…
2Cases cited8 opinions
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Higgins v. City of San DiegoCalifornia Supreme Court · 1901
- Gerrard v. Omaha, Niobrara & Black Hills RailroadNebraska Supreme Court · 1883
- Ches. & Ohio R. R. v. PackWest Virginia Supreme Court · 1873
- Board of Lever Commissioners v. JohnsonMississippi Supreme Court · 1889
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