Williamston Tarboro R. R. v. . William S. Battle
Supreme Court of North Carolina
This was an appeal from the Superior of Edgecombe County at Fall Term, 1871, His Honor Judge Moore presiding. The plaintiff, a railway corporation, commenced a civil action and presented an affidavit (sworn complaint) to His Honor,, praying for an order of injunction. This was granted, and at the term aforesaid, a motion was made to His Honor on affidavit to vacate the order. The plaintiff1 made a counter-motion to perpetuate the injunction.
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This was an appeal from the Superior of Edgecombe County at Fall Term, 1871, His Honor Judge Moore presiding. The plaintiff, a railway corporation, commenced a civil action and presented an affidavit (sworn complaint) to His Honor,, praying for an order of injunction. This was granted, and at the term aforesaid, a motion was made to His Honor on affidavit to vacate the order. The plaintiff1 made a counter-motion to perpetuate the injunction. His Honor denied the former and granted the latter motion, and the defendant appealed. The facts necessary to a correct understating of the points are…
1Opinion of the CourtRodmaN, J.
The provisions of the charter of the company are only material so far as they may tend to explain the contract of the parties. The company had a right to condemn land for the use of their road, (yards, gardens, &e., excepted,} and they propose to run their road in the rear of the defendant’s house, through his field. lie, however, preferred that it should run in front of his house, and finally by his letter of 31st of May, 1869, he proposed ts allow the Company to run their road in front of his house, and to leave the question of damages to the Company, if it would open, grade, and put in…
2Cases cited1 opinion
- Rerick v. KernSupreme Court of Pennsylvania · 1826
3Cited by9 opinions
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- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Los Angeles City Water Co. v. City of Los AngelesU.S. Circuit Court for the District of Southern California · 1898
- Hall v. . TurnerSupreme Court of North Carolina · 1892
- Atlanta, Knoxville & Northern Railway Co. v. BarkerSupreme Court of Georgia · 1898
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