Thomason v. Railroad
Supreme Court of North Carolina
Agticot by Henry Thomason and wife against the Seaboard Air Line Railway Company, heard by Judge E. B. Jones and' a jury, at the February Term, 1906, of the Superior Court of VaNCe. Plaintiffs alleged that they were and had been for many years the owners of a lot upon which was situate a dwelling occupied by them as a residence in the town of Henderson.
Read the full summary
Agticot by Henry Thomason and wife against the Seaboard Air Line Railway Company, heard by Judge E. B. Jones and' a jury, at the February Term, 1906, of the Superior Court of VaNCe. Plaintiffs alleged that they were and had been for many years the owners of a lot upon which was situate a dwelling occupied by them as a residence in the town of Henderson. That prior to 1887 the Ealeigh and G-aston Eailroad, being about 96 miles in length, ran near to and its right-of-way abutted upon plaintiffs’ lot. That in 1889 the Durham and Northern Eailroad was constructed, Henderson being one of its…
1Opinion of the Court
CONNOR, J.,
after stating the case: Before proceeding to discuss the principal question presented upon plaintiffs’ appeal, it will be well to notice the suggestion made in the complaint that defendant’s right to use its right-of-way is limited by conditions existing at the time of the organization of the Raleigh and Gaston Railroad Company and the length of its track when completed. Whatever may be the extent of the rights acquired by the corporation against the owners of the land condemned, when a new corporation is formed by consolidation and merger with other corporations, pursuant to…
2Cases cited23 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Smith v. SmithOregon Supreme Court · 1955
- White v. . KincaidSupreme Court of North Carolina · 1908
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Shives v. SampleSupreme Court of North Carolina · 1953
- Clinard v. Town of KernersvilleSupreme Court of North Carolina · 1939
17 more not listed; retrieve them via the Exa API.