Freedle v. . the North Carolina R. R. Company
Supreme Court of North Carolina
PetitioN for damages to land taken for the use of the railroad, tried before Peeson, Judge,'at the Fall Term, 1856, of Davidson Superior Court. At the Fall Term, 1855, commissioners were appointed to ascertain and report what damages the petitioner had sustained by reason of the rail-road passing over her lands.
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PetitioN for damages to land taken for the use of the railroad, tried before Peeson, Judge,'at the Fall Term, 1856, of Davidson Superior Court. At the Fall Term, 1855, commissioners were appointed to ascertain and report what damages the petitioner had sustained by reason of the rail-road passing over her lands. At the Spring Term, 1856, of that Court, the commissioners reported, “ That in pursuance of the said order, they proceeded to view the premises, and after having taken into consideration all the disadvantages arising therefrom, as also the loss of land, the additional amount of…
1Opinion of the CourtPearson, J.
Whether private property can be taken for public use without compensation, is a question that we are not called on to decide. There is no clause of our Constitution, or Bill of Rights, which expressly requires it. But the justice of making compensation is so obvious, that the omission of a clause requiring it, can only be accounted for upon the supposition, that it was taken for granted, that no act of such gross oppression would ever be perpetrated by the representatives of a free people. The laws of Athens prescribed no punishment for parricide, for it was taken for granted that no one…
2Cited by9 opinions
- North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
- Virginia & Carolina Southern Railroad v. McLeanSupreme Court of North Carolina · 1912
- Southport, Wilmington & Durham Railroad v. Owners of Platt LandSupreme Court of North Carolina · 1903
- Elks v. . Comrs.Supreme Court of North Carolina · 1920
- Gallimore v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1955
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