Beal v. Railroad Co.
Supreme Court of North Carolina
ActioN by J. W. Beal against tbe Durham and Charlotte Railroad Company, heard by Judge II. B. Bryan and a jury, at February Term, 1904, of the Superior Court of ChatiiaM County. From a judgment for the plaintiff the ■ defendant appealed.
1Opinion of the CourtConNOR, J.
This is a special proceeding brought by the plaintiff to recover damages to his land over which defendant corporation, has located its track. There are a n.umber of questions raised which we do not deem it necessary to consider. The pleadings and verdict of the jury establish the following facts: The road was originally located during the year 1893 over a tract of land which did not at that time belong to the plaintiff. The claim for damages on account of that entry and location is barred by the statute of limitations and is thus eliminated from the case. The defendant, within two years and…
2Cases cited3 opinions
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Liverman v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1894
- Livermon v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1891
3Cited by11 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Town of Ayden v. LancasterSupreme Court of North Carolina · 1929
- Caveness v. Charlotte, Raleigh & Southern RailroadSupreme Court of North Carolina · 1916
- Liverman v. . R. R.Supreme Court of North Carolina · 1891
- Abernathy v. South & Western Railway Co.Supreme Court of North Carolina · 1912
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