Raleigh & Augusta Air Line Railroad v. Sturgeon
Supreme Court of North Carolina
Civil aotion, to recover part of plaintiff’s right of way-in the town of Apex, which was claimed, by defendant, tried before Boyl&in, J., and a jury, at October Term, 1896, of Waice Superior Court. The ordinary issues in ejectment (except as to- damages) were submitted and found in L.vor of the plaintiff, and from the judgment thereon defendant appealed.
1Opinion of the Court
[ifIVIoNtgomeRy, J.:
The plaintiff company did not acquire its right of way by either condemnation or purchase. Its claim to the title and absolute and actual possession of the whole of the one hundred feet on both sides of its track is founded upon what it contends is the legal effect of one of the provisions of its charter, Section 9 of Chapter 26 of the Acts of 1863, which is in the following words: “That in the absence of any contract or contracts with said company in relation to land through which tbe said road may pass, it shaiL be presumed that the land on which the said road may be…
2Cases cited3 opinions
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
- Ward v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1891
3Cited by33 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Virginia & Carolina Southern Railroad v. McLeanSupreme Court of North Carolina · 1912
- Shields v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1901
- Town of Morganton v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1960
- Sparrow v. Dixie Leaf Tobacco Co.Supreme Court of North Carolina · 1950
28 more not listed; retrieve them via the Exa API.