Pedrick v. Railroad
Supreme Court of North Carolina
AotioN by Leroy Pedrick and others against Raleigb and Pamlico Sound Railroad Company, pending in the Superior Court of Beaufort, and heard by Judge T. A. McNeill at Washington, N. 0., on 25 October, 1906. This action is brought by the plaintiffs, citizens of the town of Washington, for the purpose of enjoining defendant corporation from constructing and maintaining a bridge across tire Pamlico River, a navigable waterway, wholly within this State, at the said town, for that…
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AotioN by Leroy Pedrick and others against Raleigb and Pamlico Sound Railroad Company, pending in the Superior Court of Beaufort, and heard by Judge T. A. McNeill at Washington, N. 0., on 25 October, 1906. This action is brought by the plaintiffs, citizens of the town of Washington, for the purpose of enjoining defendant corporation from constructing and maintaining a bridge across tire Pamlico River, a navigable waterway, wholly within this State, at the said town, for that “said bridge will materially burden, impede and obstruct navigation over said river and will constitute a public…
1Opinion of the Court
CoNNOR, J.,
after stating the case: This appeal was argued before us with marked ability and learning, counsel citing authority for the support of their several positions. His Honor did not find the facts upon which he based his judgment refusing the injunction.
It will be convenient, in the discussion of the question presented, to state the uncontroverted facts material to the decision. The town of Washington, conceded to be a prosperous commercial community, containing about 8,000 inhabitants, is located on the north side, we will assume, of Pamlico River, about thirty-six miles above its…
2Cases cited18 opinions
- Minot v. Philadelphia, Wilmington & Baltimore RailroadSupreme Court of the United States · 1874
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
- Lake Shore & Michigan Southern Railway Co. v. OhioSupreme Court of the United States · 1897
- Wylie v. ElwoodIllinois Supreme Court · 1890
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
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3Cited by18 opinions
- Hampton v. North Carolina Pulp Co.Supreme Court of North Carolina · 1943
- Rogers v. City of MobileSupreme Court of Alabama · 1964
- Brown v. Florida Chautauqua Ass'nSupreme Court of Florida · 1910
- Case-Fowler Lumber Co. v. WinslettSupreme Court of Georgia · 1929
- Gaither v. Albemarle Hospital, Inc.Supreme Court of North Carolina · 1952
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