Beasley v. Aberdeen & Rockfish Railroad
Supreme Court of North Carolina
Action tried before Long, J., and a jury, at February Term, 1908, of Cumberland. Plaintiff alleged and offered evidence tending to show that he was the owner and in possession of a tract of land on either side of defendant railroad company’s and including same within its boundaries; that about three years ago, a short while before the institution of this suit, defendant entered on the-land of plaintiff and constructed its railroad and has since been operating same; that…
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Action tried before Long, J., and a jury, at February Term, 1908, of Cumberland. Plaintiff alleged and offered evidence tending to show that he was the owner and in possession of a tract of land on either side of defendant railroad company’s and including same within its boundaries; that about three years ago, a short while before the institution of this suit, defendant entered on the-land of plaintiff and constructed its railroad and has since been operating same; that defendant has the power of eminent domain granted to it by its charter, but has never acquired a right of way by condemning…
1Opinion of the Court
Hoke, J.,
after stating the facts: Where a railroad corporation has entered on the land of another and constructed its road and is operating same, and, having the power of eminent domain, has not exceeded the ultimate rights of appropriation contained in the power nor violated the restrictions imposed upon it by its charter or the general law, such company cannot be ousted from the land by action of ejectment in stituted by tbe owner nor subjected to successive and repeated actions of trespass by reason of tbe user and occupation of tbe property. If tbe damages sought would necessarily be…
2Cases cited10 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- McIntire v. Western N. C. RailroadSupreme Court of North Carolina · 1872
- Strauss v. City of Wilmington.Supreme Court of North Carolina · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Pickett v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Roberts v. . BaldwinSupreme Court of North Carolina · 1911
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Porter v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1908
- Perry v. Norfolk Southern RailroadSupreme Court of North Carolina · 1916
4 more not listed; retrieve them via the Exa API.