Asheville Street Railway Co. v. City of Asheville
Supreme Court of North Carolina
This was a civil action for injunction, heard before Mer-rimon, J., at Chambers, on November 28th, 1891. The piaintiff corporation has power, and it is its purpose, to construct and operate street railways over the public streets and alleys of the defendant -when, where and as the parties may agree. • The plaintiff had permission and right to build and use such a railway on and along South Main street, and on the 13th day of November, 1891, the defendant, by a proper…
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This was a civil action for injunction, heard before Mer-rimon, J., at Chambers, on November 28th, 1891. The piaintiff corporation has power, and it is its purpose, to construct and operate street railways over the public streets and alleys of the defendant -when, where and as the parties may agree. • The plaintiff had permission and right to build and use such a railway on and along South Main street, and on the 13th day of November, 1891, the defendant, by a proper resolution, extended and enlarged the rights of the plaintiff in such connection so as to allow it the privilege and right “ to…
1Opinion of the CourtMebjrimon, C. J.
after stating the facts: The trespass complained of in this action is not an ordinary civil trespass, as to which the plaintiff may be compensated in damages. . The defendant, a municipal corporation, possessed of large and important powers, undertook, as is alleged, arbitrarily to declare its contract with the defendant at an end, and assert its assumed authority by force. This it could not lawfully do. If the defendant was constructing or proceeding to construct its branch railway without authority, or in violation of its contract with the defendant, or in such way as to seriously interfere…
2Cases cited1 opinion
- Roanoke Navigation Co. v. EmrySupreme Court of North Carolina · 1891
3Cited by8 opinions
- Wheeling & Elm Grove R. R. v. Town of TriadelphiaWest Virginia Supreme Court · 1905
- Iron Mountain R. Co. of Memphis v. City of MemphisCourt of Appeals for the Sixth Circuit · 1899
- Town of Mason v. Railroad Co.West Virginia Supreme Court · 1902
- Town of Graham v. Karpark Corp.Court of Appeals for the Fourth Circuit · 1952
- Boyce v. City of GastoniaSupreme Court of North Carolina · 1947
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