Legal Opinion

Johnson City Southern Railway Co. v. South & Western Railroad

Supreme Court of North Carolina

Decided May 25, 1908PublishedCited by 9 opinions

CONDEMNATION proceedings, beard by Peebles, J., at Rail Term, 1907, of Yancey. Tbis is a special proceeding instituted -by tbe plaintiff, Johnson City Southern Railway Company, against tbe defendant, Tbe South and Western Railroad Company, and others, before tbe Clerk of tbe Superior Court of Yancey County, by summons duly issued by bim on 15 December, 1905. Tbe plaintiff on tbe same day duly filed its petition before said Clerk against tbe defendants, asking that tbe court…

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CONDEMNATION proceedings, beard by Peebles, J., at Rail Term, 1907, of Yancey. Tbis is a special proceeding instituted -by tbe plaintiff, Johnson City Southern Railway Company, against tbe defendant, Tbe South and Western Railroad Company, and others, before tbe Clerk of tbe Superior Court of Yancey County, by summons duly issued by bim on 15 December, 1905. Tbe plaintiff on tbe same day duly filed its petition before said Clerk against tbe defendants, asking that tbe court make an order in tbe proceeding appointing three disinterested and competent freeholders to appraise and assess tbe…

1Opinion of the Court

CoNNOR, X,

after stating the facts: When the cause was called for trial in the Superior Court, in term, upon defend- ' ants’ exceptions to the order of the Clerk and the appeal therefrom, the plaintiff tendered certain issues not necessary to be set out. The court, being of opinion that all of said issues, except the last two, presented questions of fact to be tried by the court, declined to «submit them to the jury. Plaintiff excepted. The two issues directed to the question of benefits and damages the court reserved until the preliminary questions were disposed of. In view óf his Honor’s…

2Cases cited19 opinions

  1. Bynum v. . PoweSupreme Court of North Carolina · 1887
  2. Durham v. Rigsbee.Supreme Court of North Carolina · 1906
  3. Chicago & Alton Railroad v. SmithIllinois Supreme Court · 1875
  4. Holly Shelter Railroad v. NewtonSupreme Court of North Carolina · 1903
  5. Allen v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1889

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3Cited by9 opinions

  1. Collins v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1953
  2. REDEVELOPMENT COM'N OF CITY OF WASHINGTON v. GrimesSupreme Court of North Carolina · 1971
  3. Street R. R. v. . R. R.Supreme Court of North Carolina · 1906
  4. Madison County Railway Co. v. GahaganSupreme Court of North Carolina · 1912
  5. R. R. v. . GahaganSupreme Court of North Carolina · 1912

4 more not listed; retrieve them via the Exa API.

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