Legal Opinion

Carolina & Northwestern Railway Co. v. Pennearden Lumber & M'f'g Co.

Supreme Court of North Carolina

Decided May 12, 1903PublishedCited by 8 opinions

Action by the Carolina & Northwestern Railway Company against the Pennearden Lumber and Manufacturing Company, heard by Judge B. F. Long, at February Term, 1903, of the Superior Court of Caldwell County. From a judgment for the plaintiff, the defendant appealed.

1Opinion of the CourtConnor, J.

This proceeding was instituted for the purpose of condemning a right of way over the lands of the de fendant for the use of the plaintiff’s railroad, pursuant to the provisions of Chapter 49, Vol. 1 of The Code. The plaintiff’s attorneys issued on November 10, 1902, the following notice to the defendant: “Yon will please take notice that on the 20th November, 1902, at 3 o’clock p. m. a hearing in the above entitled cause, upon the petition therein filed, will be had before J. V. McCall, clerk of this court, the same being a petition to condemn real estate for railroad purposes, owned by you,…

2Cases cited8 opinions

  1. Civil Rights CasesSupreme Court of the United States · 1883
  2. Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
  3. State v. . ChambersSupreme Court of North Carolina · 1885
  4. In Re New York Central Railroad to Acquire Lands of ArmstrongNew York Court of Appeals · 1876
  5. Durden v. . SimmonsSupreme Court of North Carolina · 1881

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3Cited by8 opinions

  1. Abernathy v. . R. R.Supreme Court of North Carolina · 1908
  2. R. R. v. . R. R.Supreme Court of North Carolina · 1908
  3. Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1908
  4. Pere Marquette Railroad v. United States Gypsum Co.Michigan Supreme Court · 1908
  5. Griffith v. Southern Railway Co.Supreme Court of North Carolina · 1926

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