Abernathy v. South & Western Railway Co.
Supreme Court of North Carolina
- AotioN tried-before Moore, J., and a jury, at 'July Term, 1908,- of Mitchell. Tbe plaintiff instituted this special proceeding against defendant pursuant to tbe provisions of section 2580, Revisal; for tbe purpose of finding and recovering compensation for tbe right of way over bis land occupied and appropriated by defendant for “railroad purposes.”
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- AotioN tried-before Moore, J., and a jury, at 'July Term, 1908,- of Mitchell. Tbe plaintiff instituted this special proceeding against defendant pursuant to tbe provisions of section 2580, Revisal; for tbe purpose of finding and recovering compensation for tbe right of way over bis land occupied and appropriated by defendant for “railroad purposes.” He filed bis petition before tbe clerk of tbe Superior Court, alleging tbat be was tbe owner in fee of tbe land, a description of wbicb is set out; tbat defendant bas entered upon and built its track across said land, and appropriated pursuant…
1Opinion of the Court
Connor, J.,
after stating the case: Defendant, pursuant to the provisions of its charter, entered and built its track upon and through the land described in the petition. It made no effort to acquire a right of way by condemnation proceedings under its charter or the general law (chapter 61, Revisal). The plaintiff, claiming to own the land, pursuant to section 2580, brought this special proceeding, alleging title in fee in himself and demanding compensation for the right of way upon which defendant had constructed its track. He concedes that defendant is entitled, in the exercise of the right…
2Cases cited14 opinions
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Worthy v. . CaddellSupreme Court of North Carolina · 1877
- Durham v. Rigsbee.Supreme Court of North Carolina · 1906
- Holly Shelter Railroad v. NewtonSupreme Court of North Carolina · 1903
- Land v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
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- Dep't of Transp. v. Adams Outdoor Advert. of Charlotte Ltd. P'shipSupreme Court of North Carolina · 2017
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