Staton v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN heard by Neal, J., at October Term, 1907, of Edgecombe. This action is brought and prosecuted for the purpose (1) of enjoining- the defendant from using and operating engines and cars over its tracks and spur tracks on certain streets in the town of Tarboro; (2) for damages alleged to have been sustained by the laying of the tracks and spur tracks and operating locomotive engines and cars over same; (3) for damages alleged to have been sustained by reason of the…
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ActioN heard by Neal, J., at October Term, 1907, of Edgecombe. This action is brought and prosecuted for the purpose (1) of enjoining- the defendant from using and operating engines and cars over its tracks and spur tracks on certain streets in the town of Tarboro; (2) for damages alleged to have been sustained by the laying of the tracks and spur tracks and operating locomotive engines and cars over same; (3) for damages alleged to have been sustained by reason of the negligent and unlawful use of the tracks, constituting a private nuisance, to plaintiff’s injury. A jury trial in respect to…
1Opinion of the Court
CoNNOR, J.,
after stating the facts: It will be convenient to dispose of the several phases of this appeal in the order in which they are presented by the well-considered brief of the counsel for plaintiff. It may be conceded that the legal title to the soil over which the streets of the town of Tarboro are laid out is in the municipality. The deed from Howell to Moir and others vested it in them, and by successive acts of the Legislature it has passed to and remains in the corporation. The corporation holds the title in trust for the citizens and public to use and enjoy as public highways or…
2Cases cited22 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Conrad v. West End Hotel & Land Co.Supreme Court of North Carolina · 1900
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Lea Co. v. North Carolina Board of TransportationSupreme Court of North Carolina · 1983
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Pickett v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Butler v. F. R. Penn Tobacco Co.Supreme Court of North Carolina · 1910
21 more not listed; retrieve them via the Exa API.