Carolina Coal & Ice Co. v. Southern Railway Co.
Supreme Court of North Carolina
MotioN for removal' of cause to the Federal Court, heard by Cook, J., at the February Term, 1907, of the Superior Court of Buncombe County.
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MotioN for removal' of cause to the Federal Court, heard by Cook, J., at the February Term, 1907, of the Superior Court of Buncombe County. Plaintiff, a North Carolina corporation, alleges: That the General Assembly of this State, at its session of 1854-’55, incorporated “The Western North Carolina Railroad Company,” chapter 228, Private Laws 1854-’55. It sets forth several acts amending the charter of said company, the provisions of which are not material to the point presented upon this appeal. At the special session of 1880 (ch. 26) an act was passed' authorizing a sale of the State’s…
1Opinion of the Court
Connor, J.,
after stating the case: The record, upon which alone this appeal is to be decided, presents an anomalous condition. The plaintiff sues what it asserts to be a North Carolina corporation, setting forth at length the legislative and judicial process by which it is created. It further alleges that this domestic corporation is now and was at the time of committing the injuries complained of and threatened, for which it seeks redress and injunctive relief, the owner of and operating a railroad, with all of' its property, franchises and privileges, etc., from Salisbury to Paint Rock, in…
2Cases cited24 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- Clark v. BarnardSupreme Court of the United States · 1883
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Railroad Company v. HarrisSupreme Court of the United States · 1871
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
19 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pierce v. . R. R.Supreme Court of North Carolina · 1899
- Town of Bethel v. Atlantic Coast Line R. Co.Court of Appeals for the Fourth Circuit · 1936
- Latta v. Catawba Electric Co.Supreme Court of North Carolina · 1907
- Wood v. StatonSupreme Court of North Carolina · 1917
- Hyder v. Southern Railway Co.Supreme Court of North Carolina · 1914
8 more not listed; retrieve them via the Exa API.