Earnhardt v. Southern Railway Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at May Term, 1911, of RowaN. This is an action to recover the possession of a lot of land and damages for the wrongful entry thereon by the defendants. The entry was made by the Southern Railway Company for the purpose of laying a double track. It is not denied by the defendant that the plaintiffs are the owners of the land, subject to the easement and right of way of the North Carolina Railroad.
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Appeal from Lyon, J., at May Term, 1911, of RowaN. This is an action to recover the possession of a lot of land and damages for the wrongful entry thereon by the defendants. The entry was made by the Southern Railway Company for the purpose of laying a double track. It is not denied by the defendant that the plaintiffs are the owners of the land, subject to the easement and right of way of the North Carolina Railroad. The land was originally a part of the Robards land, and the house now occupied by the plaintiffs has been built within six or seven years. The plaintiff offered evidence tending…
1Opinion of the CourtAlleN, J.
The first question to be settled is whether the North Carolina Railroad Company has acquired a right of way 100 feet wide on each side of its main track over the land in controversy, because if it has not done so, the Southern Railway Company, which derives its powers under a lease from the North Carolina Company, has no such right of way.
It must be remembered, in -the consideration of this question, that there is no evidence that the double track, as now laid, invades any house or yard as it existed in 1850 to 1851, nor that it invades the. dwelling or yard of the plaintiff.
Section 27 of the…
2Cases cited7 opinions
- Hill v. RailroadSupreme Court of North Carolina · 1906
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
- Muse v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
- Atlantic & North Carolina Railroad v. City of New BernSupreme Court of North Carolina · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Atlantic Coast Line Railroad v. BuntingSupreme Court of North Carolina · 1915
- Keziah v. Seaboard Air Line Railroad CompanySupreme Court of North Carolina · 1968
- Wearn v. . R. RSupreme Court of North Carolina · 1926
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1949
- Griffith v. Southern Railway Co.Supreme Court of North Carolina · 1926
7 more not listed; retrieve them via the Exa API.