Plott v. Western North Carolina Railroad
Supreme Court of North Carolina
This was a civil action commenced in 1869, and tried before his Honor, Judge Mitchell, at the Eall Term, 1870, of the Superior Court for Iredell County. The claim was for damages caused by the defendant, taking and using the plaintiff’s land for its road.
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This was a civil action commenced in 1869, and tried before his Honor, Judge Mitchell, at the Eall Term, 1870, of the Superior Court for Iredell County. The claim was for damages caused by the defendant, taking and using the plaintiff’s land for its road. It was in evidence that the plaintiff applied verbally to the defendant, through its officers for an assessment of the value of his land over which the road had been located, and that this application had been made within two years after the location of the road, and had been repeated in the summer or fall of 1858 just before the expiration…
1Opinion of the CourtEeade, J.
The plaintiff was not obliged to pursue the-remedy prescribed in the defendant’s charter to recover damages for the way over his land, to-wit: assessment by commissioners within two years from the time the road was located, because the defendant dispensed with it, and assured the plaintiff that it would be settled without. And the plaintiff may recover upon that special promise.
The promise was in the summer or fall, 1858, and the action was commenced in 1869, and the statute of limitations, three years, is pleaded. The plea cannot avail, because, on 11th May, 1861, before the lapse of three…
2Cases cited1 opinion
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