Hickory v. Railroad
Supreme Court of North Carolina
ActioN by City of Hickory against Southern Railway Company, beard by Judge James L. Webb at the Eebruary Term, 1905, of the Superior Court of Catawba County.
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ActioN by City of Hickory against Southern Railway Company, beard by Judge James L. Webb at the Eebruary Term, 1905, of the Superior Court of Catawba County. This is an action by the City of Hickory against the Southern Railway Company for an injunction to restrain it from erecting a platform or any other structure on the land in said city, the boundaries of which are described in a deed from Henry W. Robinson to the Western North Carolina Railroad Company, dated March 10, 1880, which deed was executed as a substitute for a prior lost deed of the same purport, dated May 26, 1859, the…
1Opinion of the CourtWalker, J.
after stating the case: We are unable to see upon what ground the plaintiff was entitled to judgment in the court below, in the then state of the cause, without a new trial by a jury. When the court intimated an opinion, which was adverse to the plaintiff and it withdrew from the court by submitting to a non-suit, if there was error in that intimation, there was only one way this court could correct it and restore the plaintiff to its right and that was by granting another trial, when the trial must be de novo. All that was done up to the time of the non-suit goes for nothing and the case…
2Cases cited9 opinions
- Chickering v. FailesIllinois Supreme Court · 1862
- McMillan v. . BakerSupreme Court of North Carolina · 1885
- Benbow v. . Robbins .Supreme Court of North Carolina · 1875
- Gott v. Judge of Superior CourtMichigan Supreme Court · 1880
- People's Bank v. StewartSupreme Court of North Carolina · 1885
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3Cited by12 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Hayes v. RailroadSupreme Court of North Carolina · 1905
- Burton v. City of ReidsvilleSupreme Court of North Carolina · 1956
- Crittenberger v. State Savings & Trust Co.Indiana Supreme Court · 1920
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
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