Allen v. Martin Marietta Corp.
Court of Appeals of North Carolina
Appeal by plaintiffs from Webb, Judge. Judgment entered 1 November 1974 in Superior Court, Pitt County. Heard in the Court of Appeals 28 May 1975. Plaintiffs instituted this action to recover damages for trespass. They alleged that defendant wrongfully entered and trespassed upon their land by operating a locomotive hauling gondola cars along tracks across plaintiffs’ land.
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Appeal by plaintiffs from Webb, Judge. Judgment entered 1 November 1974 in Superior Court, Pitt County. Heard in the Court of Appeals 28 May 1975. Plaintiffs instituted this action to recover damages for trespass. They alleged that defendant wrongfully entered and trespassed upon their land by operating a locomotive hauling gondola cars along tracks across plaintiffs’ land. The following are undisputed facts presented by the pleadings and stipulations: The railroad bed and tracks were built shortly after 1900 by the East Carolina Railroad Company as a mainline track between Tarboro and…
1Opinion of the Court
BROCK, Chief Judge.
Those portions of the written agreement between Norfolk Southern Railway Company as lessor and defendant as lessee, dated 1 January 1967, which seem pertinent to this controversy are as follows:
“WITNESSETH: That Whereas Atlantic Coast Line Railroad has conveyed to Norfolk Southern Railway Company a portion of the right-of-way formerly operated as a part of the East Carolina Railway which said right-of-way conveyed to Norfolk Southern Railway Company runs from the tracks of Norfolk Southern Railway Company at Farm-ville, N. C., to a point near Fountain, N. C., and on which…
2Cases cited2 opinions
- Raleigh, Charlotte & Southern Railway Co. v. McGuireSupreme Court of North Carolina · 1916
- Bradshaw v. Hilton Lumber Co.Supreme Court of North Carolina · 1920
3Cited by1 opinion
- Nowling v. BNSF RAILWAYNorth Dakota Supreme Court · 2002