Abernathy v. South & Western Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Foushee, J., at November Term, 1911, of Mitchell. This is an action which was heard on exceptions to the report of referees. The defendant railway company, without purchasing or condemning the same, entered upon the land of the plaintiff, appropriated the same to its own use as a right of way, and constructed and is now operating its railroad across said land, without ever having compensated the plaintiff therefor.
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Appeal by defendant from Foushee, J., at November Term, 1911, of Mitchell. This is an action which was heard on exceptions to the report of referees. The defendant railway company, without purchasing or condemning the same, entered upon the land of the plaintiff, appropriated the same to its own use as a right of way, and constructed and is now operating its railroad across said land, without ever having compensated the plaintiff therefor. This action was instituted by the plaintiff before the clerk of the Superior Court, under Code, sec. 1944 (Eevisal, sec. 2580), for the purpose of having-…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe defendant contended that plaintiff was not entitled to recover because be bad not alleged and shown that this proceeding was commenced within five years after the land bad been taken or entered upon by the defendant, or within two years after tbe road was first operated, and reliance was placed upon Laws 1893, ch. 152, brought forward in tbe Revisal as section 394 (1), which provides as follows: “No suit, action, or proceeding shall be brought or maintained against any railroad company owning or operating a railroad, for damages or compensation for right…
2Cases cited13 opinions
- Lincoln v. ClaflinSupreme Court of the United States · 1869
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Gulledge v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1908
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3Cited by10 opinions
- Tieffenbrun v. . FlannerySupreme Court of North Carolina · 1930
- Tieffenbrun v. FlannerySupreme Court of North Carolina · 1930
- DeBruhl v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1958
- City of Durham v. DavisSupreme Court of North Carolina · 1916
- Caveness v. Charlotte, Raleigh & Southern RailroadSupreme Court of North Carolina · 1916
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