Virginia & Carolina Southern Railroad v. McLean
Supreme Court of North Carolina
Appeal from Whedbee, J., at October Term, 1911, of Oum-BERLAND. Proceedings to condemn land for a right of way for plaintiff company, beard on appeal from clerk of Superior Court on an issue ás to tbe amount of damages.
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Appeal from Whedbee, J., at October Term, 1911, of Oum-BERLAND. Proceedings to condemn land for a right of way for plaintiff company, beard on appeal from clerk of Superior Court on an issue ás to tbe amount of damages. Tbe following issue was submitted and answered by tbe jury: “What damages are defendants entitled to recover of plaintiff on account of tbe condemnation and appropriation of tbe 3.12 acres of land described in tbe petition filed in tbis cause? Answer : $462.50.” Judgment on tbe verdict for tbe amount and condemning tbe land in question “as a perpetual right of way for…
1Opinion of the CourtHoke, J.
Under tbe general law, Revisal, secs. 2575 et seep, and ordinarily under special statutes applicable, only an easement passes to tbe railroad under condemnation proceedings, and that and tbe effect of it is tbe interest usually involved in such an inquiry. In section 2587, tbe one which more especially refers to tbe judgment in these cases and tbe vesting of tbe title, tbe determinative language is: “And on tbe payment by said company»of tbe sum adjudged, together with tbe costs and counsel fees allowed by tbe court in tbe office of tbe clerk, tben and in tbat event all persons wbo bad been…
2Cases cited13 opinions
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
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- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
- Carolina & Yadkin River Railroad v. ArmfieldSupreme Court of North Carolina · 1914
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