Legal Opinion

Roanoke Navigation Co. v. Emry

Supreme Court of North Carolina

Decided February 5, 1891PublishedCited by 10 opinions

This was a civil ACTION pending in Halifax Superior Court, heard upon motion for an injunction before Philips, J., at Chambers in Tarboro, on July 19th, 1890. The plaintiff, a corporation, alleges in its complaint that it is the owner and in possession of the real property described therein; that parts of the same are very valuable for manufacturing purposes; that it owns a canal, situate upon its land, to be enlarged and improved; that in connection with, :and as part of…

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This was a civil ACTION pending in Halifax Superior Court, heard upon motion for an injunction before Philips, J., at Chambers in Tarboro, on July 19th, 1890. The plaintiff, a corporation, alleges in its complaint that it is the owner and in possession of the real property described therein; that parts of the same are very valuable for manufacturing purposes; that it owns a canal, situate upon its land, to be enlarged and improved; that in connection with, :and as part of the same, is a basin, situate in the town of 'Weldon, supplied with water by said canal, from which water is to be applied…

1Opinion of the Court

Mekrimon, G. J.:

The pleadings, exhibits and evidence satisfy us, for the present purpose, that the plaintiff is the owner of the canal, basin, the site for the projected mill, elevator and water waste-way, and that its land thereabout situate is well adapted for manufacturing purposes of great importance; that the plaintiff is about to erect the mill and elevator, and that to that end, has expended and is about to expend large sums'of money, contracted for much machinery and other material for such purpose, and is constructing the short railroad complained of by the defendants, with the view…

2Cases cited4 opinions

  1. John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
  2. Lewis v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1888
  3. Evans v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1887
  4. Parker v. . ParkerSupreme Court of North Carolina · 1880

3Cited by10 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. South Atlantic Waste Co. v. Raleigh, Charlotte & Southern Railway Co.Supreme Court of North Carolina · 1914
  4. Asheville Street Railway Co. v. City of AshevilleSupreme Court of North Carolina · 1891
  5. R. R. v. . Lumber Co.Supreme Court of North Carolina · 1895

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