Mason v. Durham County
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at the March Term, 1917, of DuehaM. This is an action by Mary B. Mason against the Commissioners of Durham to recover damages for the value of a strip of land 60 feet wide and 7 feet deep across the front of her lot on the Main Street road between Durham and East Durham, taken by the Commissioners of Durham County in the spring of 1916 for the purpose of widening said road in front of plaintiff’s property.
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Appeal by defendant from Kerr, J., at the March Term, 1917, of DuehaM. This is an action by Mary B. Mason against the Commissioners of Durham to recover damages for the value of a strip of land 60 feet wide and 7 feet deep across the front of her lot on the Main Street road between Durham and East Durham, taken by the Commissioners of Durham County in the spring of 1916 for the purpose of widening said road in front of plaintiff’s property. Plaintiff’s complaint was filed 29 July, 1916, in which she alleged as a cause of action that she was the owner of a lot of land on East Main Street road;…
1Opinion of the CourtAxlen, J.
It is true the Court has held in McIntyre v. R. R., 67 N. C., 278, and other cases, that in an application to acquire a railroad right of way the statutory methods must be pursued, and this may still be the correct ruling as to the preliminary entry upon land and the acquisition of the same for such purposes, but it is also held, in numerous cases, that where a railroad or other public service corporation has made the entry, appropriated the right of way, constructed, its road and is operating the same, and neither party has seen fit to resort to the statutory method, the owner of the land…
2Cases cited11 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Rhodes v. . DurhamSupreme Court of North Carolina · 1914
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Dayton v. City of AshevilleSupreme Court of North Carolina · 1923
- Latham v. State Highway CommissionSupreme Court of North Carolina · 1926
- Whiting Manufacturing Co. v. Carolina Aluminum Co.Supreme Court of North Carolina · 1934
5 more not listed; retrieve them via the Exa API.