Phillips v. Postal Telegraph Cable Co.
Supreme Court of North Carolina
ActioN by H. T. Phillips against tbe Postal Telegraph Cable Company, heard by Judge George H. Broum and a jury, at March Term, 1901, of the Superior Court of David-,soN County. This is an action in the nature of trespass to' recover damages caused by the appropriation by the defendant of a part of the plaintiff’s land, for the purpose of erecting and maintaining a telegraph line. The following are the material parts of the complaint and answer.
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ActioN by H. T. Phillips against tbe Postal Telegraph Cable Company, heard by Judge George H. Broum and a jury, at March Term, 1901, of the Superior Court of David-,soN County. This is an action in the nature of trespass to' recover damages caused by the appropriation by the defendant of a part of the plaintiff’s land, for the purpose of erecting and maintaining a telegraph line. The following are the material parts of the complaint and answer. The complaint alleges the incorporation of the defendant and the plaintiff’s ownership of the land. It then proceeds as follows: “3. That the…
1Opinion of the Court
Douglas, J.,
after stating the case. The sole purpose of this action is to recover compensation for the appropriation of the plaintiff’s property by the defendant under the color of eminent domain. The plaintiff does not seek to eject the defendant, nor to interfere in the slightest degree with the fullest enjoyment of the easement it claims. He does not threaten or intend to annoy the defendant by a multiplicity of suits, but, on the contrary, he asks, the Court, in the exercise of its equitable jurisdiction, to. award him such permanent damages as will compensate him for the appropriation of…
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- Henderson v. Mayor of the City of New York Commissioners of Immigration v. North German LloydSupreme Court of the United States · 1876
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