Atlantic Coast Line Railroad v. Bunting
Supreme Court of North Carolina
Appeal by defendant from Peebles, J., at September Term, 1914, of Pitt. Civil action to enjoin erection of a brick building on defendant’s right of . way, beard on return to preliminary restraining order. On tbe bearing tbe restraining order was made permanent and enjoining defendant from further proceeding with tbe building, whereupon defendant excepted and appealed.
1Opinion of the CourtHoKE, J.
Our decisions are to tbe effect thát a railroad right of way, when once acquired, may be occupied and used by tbe company to its full extent, whenever tbe proper management and business necessities of the road may so require, and tbe company is made the judge of such necessity. McLean v. R. R., 158 N. C., 498; Earnhardt v. R. R., 157 N. C., 358; R. R. v. Olive, 142 N. C., 273. And further, that to “the extent that the land covered by the right of way is not presently required for the purposes of the road,” the owner may continue to occupy and use it in a manner not inconsistent with the full…
2Cases cited7 opinions
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
- Virginia & Carolina Southern Railroad v. McLeanSupreme Court of North Carolina · 1912
- Hendrix v. Southern Railway Co.Supreme Court of North Carolina · 1913
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3Cited by17 opinions
- Town of Morganton v. Hutton & Bourbonnais Co.Supreme Court of North Carolina · 1960
- Keziah v. Seaboard Air Line Railroad CompanySupreme Court of North Carolina · 1968
- Missouri-Kansas-Texas Railroad Company v. FreerMissouri Court of Appeals · 1959
- Wearn v. . R. RSupreme Court of North Carolina · 1926
- R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1949
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