Holloway v. University Railroad
Supreme Court of North Carolina
Civil Action heard upon complaint and demurrer at Rail Term, 1881, of OitANGE Superior Court, before Gudger, J. This was an action in the nature of trespass quare dausum fregit, brought by the plaintiff against the defendant for an injury to his land by entering thereon and appropriating and occupying the same for constructing a railroad under a charter granted by the legislature, by which entry and occupation it was alleged the plaintiff had sustained great damage.
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Civil Action heard upon complaint and demurrer at Rail Term, 1881, of OitANGE Superior Court, before Gudger, J. This was an action in the nature of trespass quare dausum fregit, brought by the plaintiff against the defendant for an injury to his land by entering thereon and appropriating and occupying the same for constructing a railroad under a charter granted by the legislature, by which entry and occupation it was alleged the plaintiff had sustained great damage. The defendant demurred to the eomplaint and assigned as grounds of demurrer, that the common law remedy by-trespass is -taken…
1Opinion of the CourtAshe, J.
The University railroad company is in the act of constructing a railroad from a point on the North Carolina railroad, the route of which passes over the land of the plaintiff, and they have under the provisions of their charter entered upon and appropriated for the purposes of their road, a portion of the land of the plaintiff one hundred and fifty-six feet long and one hundred feet wide, and the plaintiff has instituted this action to recover the damages which he alleges he has sustained by reason of the trespass.
And the question is, can the action be sustained, or is the plaintiff confined…
2Cited by7 opinions
- Allen v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889
- Bridgers v. . DillSupreme Court of North Carolina · 1887
- Power Co. v. . Power Co.Supreme Court of North Carolina · 1916
- Carolina-Tennessee Power Co. v. Hiawassee River Power Co.Supreme Court of North Carolina · 1916
- Norfolk Southern Railroad v. ElySupreme Court of North Carolina · 1886
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