Town of Durham v. Richmond
Supreme Court of North Carolina
Appeal — Injunctions. This was a civil ACTION, pending in Durham Superior Court, and was heard, upon motion for an injunction, before Gilmer, J., at Chambers, on June 27 and July 2, 1889. Both parties appealed from the rulings of his Honor.
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Appeal — Injunctions. This was a civil ACTION, pending in Durham Superior Court, and was heard, upon motion for an injunction, before Gilmer, J., at Chambers, on June 27 and July 2, 1889. Both parties appealed from the rulings of his Honor. The plaintiff (the town of Durham) alleged in the complaint that the to Mm had acquired an easement for a street in a part of the original right-of-way of the North Carolina Railroad Company, the lessor of the defendant company now operating the road, and that said street, which the town had acquired a right to use, by virtue of condemnation proceeding,…
1Opinion of the CourtAvery, J.
— after stating the facts: Both appeals have been brought up unnecessarily, if not prematurely, and neither of them will be sustained by this Court.
Upon the finding by the Judge below of the fact, that the defendant Railroad Company was not trespassing upon the strip thirty-two feet wide, extending along the original right-of-way, which the plaintiff claimed was lawfully condemned under the provisions of its charter, or is held by prescription or dedication by them as a street, the company has constructed and is operating its new track along what is known as Peabody street, as originally…
2Cases cited1 opinion
- Whittaker v. . HillSupreme Court of North Carolina · 1887
3Cited by4 opinions
- Raleigh & Western Railway Co. v. Glendon & Gulf Mining & Manufacturing Co.Supreme Court of North Carolina · 1893
- Jones v. . BuxtonSupreme Court of North Carolina · 1897
- Moore v. . SuggSupreme Court of North Carolina · 1893
- Caldwell v. . StirewaltSupreme Court of North Carolina · 1888