Raleigh, Charlotte & Southern Railway Co. v. Mecklenburg Manufacturing Co.
Supreme Court of North Carolina
Appeal by both parties from Harding, J., at November Term, 1913, of MeckleNbukg. Tbis is a petition to rebear tbe former decision in tbe above entitled case, wbicb is reported in 166 N. 0., 168. Tbe petition was filed by tbe defendant and relates only to tbe plaintiff’s appeal, in wbicb a new trial was given for reasons stated in tbe opinion of tbe Court.
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Appeal by both parties from Harding, J., at November Term, 1913, of MeckleNbukg. Tbis is a petition to rebear tbe former decision in tbe above entitled case, wbicb is reported in 166 N. 0., 168. Tbe petition was filed by tbe defendant and relates only to tbe plaintiff’s appeal, in wbicb a new trial was given for reasons stated in tbe opinion of tbe Court. Tbe proceedings were brought for tbe condemnation of a right of way over tbe defendant’s lands, upon wbicb it bad erected a mill for tbe manufacture of cotton goods, with its buildings for employees and other appurtenances. The contentions…
1Opinion of the Court
"WaleieR, J.,
after stating tbe case: In this case both parties appealed to this Court from tbe judgment below, tbe defendant upon tbe ground that the land was not subject to condemnation under our statute which exempts certain property from tbe operation of tbe law. This view was rejected by tbe Court, the writer of this opinion dissenting. Tbe plaintiff’s contention that there were errors in tbe rulings and charge of tbe court below was sustained and a new trial ordered.
Tbe first five errors, in our former decision, now assigned, may naturally be considered together, as if we were wrong in…
2Cases cited41 opinions
- United States v. GrizzardSupreme Court of the United States · 1911
- Chicago v. TaylorSupreme Court of the United States · 1888
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
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3Cited by14 opinions
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- Abernathy v. . R. R.Supreme Court of North Carolina · 1908
- Bennett v. . R. R.Supreme Court of North Carolina · 1915
- Pope v. . PopeSupreme Court of North Carolina · 1918
- North Carolina Department of Transportation v. Haywood CountySupreme Court of North Carolina · 2006
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