Legal Opinion

South Atlantic Waste Co. v. Raleigh, Charlotte & Southern Railway Co.

Supreme Court of North Carolina

Decided December 2, 1914PublishedCited by 11 opinions

Appeal by both parties from Adams, J., at May Term, 1914, of Mecic-LENBUKG. * PLAINTIEE’S APPEAL. Civil action to permanently enjoin defendant from operating its railway along what was Brevard Street in Charlotte in front of plaintiff’s property and for permanent damages if injunction is denied. His Honor, after hearing all the evidence, denied the injunction, and submitted the issue of permanent damages to the jury.

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Appeal by both parties from Adams, J., at May Term, 1914, of Mecic-LENBUKG. * PLAINTIEE’S APPEAL. Civil action to permanently enjoin defendant from operating its railway along what was Brevard Street in Charlotte in front of plaintiff’s property and for permanent damages if injunction is denied. His Honor, after hearing all the evidence, denied the injunction, and submitted the issue of permanent damages to the jury. The plaintiff appealed from the judgment denying' the injunction.

1Opinion of the CourtBeown, J.

The application of plaintiff for an injunction certainly comes very late, and seems to have but little merit. Before the railroad was constructed along Brevard Street, and when construction work reached plaintiff’s property, plaintiff sued out a restraining order, enjoining the further construction of the railway. The matter was heard by Webb, J., and the restraining order dissolved. The plaintiff appealed, but did not prosecute the appeal.

The defendant thereupon proceeded to finish its construction work and completed its road, and it is'-now in full operation as a common carrier. Hnder such…

2Cases cited3 opinions

  1. Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
  2. Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
  3. Roanoke Navigation Co. v. EmrySupreme Court of North Carolina · 1891

3Cited by11 opinions

  1. Neuman v. Travelers Indemnity Co.Court of Appeals of Maryland · 1974
  2. Jones v. . LassiterSupreme Court of North Carolina · 1915
  3. Bennett v. . R. R.Supreme Court of North Carolina · 1915
  4. Hales v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1916
  5. Town of Greenville v. State Highway CommissionSupreme Court of North Carolina · 1928

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