City of Kinston v. Atlantic & North Carolina Railroad
Supreme Court of North Carolina
Appeal by both plaintiff and defendants from Bond, J., at Fall Term, 1921, of LeNOib. Civil action, beard on case agreed.
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Appeal by both plaintiff and defendants from Bond, J., at Fall Term, 1921, of LeNOib. Civil action, beard on case agreed. From tbe facts presented it appears tbat the Atlantic and North Carolina Railroad is a corporation owning a railroad franchise and property, etc., which extends through the city of Kinston, and the co-defendant is in possession of and operating the same under a lease of 91 years and 4 months from and after 1 September, 1904, same having been made by the Atlantic and North Carolina Railroad to one Howland and acquired and held by the Norfolk Southern Railroad. That several…
1Opinion of the Court
*18DEFENDANTS’ APPEAL
Hoke, J.
As the court understands, it is not contended by appellant that the assessments in this instance are irregular as a matter of form, nor that the amount is excessive, but defendants object to the validity of the claim on the ground of lack of power in the city, statutory or otherwise, to make any assessments of this kind against defendant companies. First, because railroad companies do not come within the principle permitting assessments for local improvements against abutting owners. There is strong diversity of opinion on this question, but the decisions in this…
2Cases cited28 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- Julian v. Central Trust Co.Supreme Court of the United States · 1904
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Fawcett v. Town of Mt. AirySupreme Court of North Carolina · 1903
- Milwaukee Electric Railway & Light Co. v. Wisconsin Ex Rel. City of MilwaukeeSupreme Court of the United States · 1920
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3Cited by5 opinions
- In the Matter of Chicago and North Western Railway CompanyWyoming Supreme Court · 1952
- City of Winston-Salem v. Powell Paving Co. of North Carolina, Inc.District Court, M.D. North Carolina · 1934
- Durham v. . Public Service Co.Supreme Court of North Carolina · 1921
- Felmet v. . CantonSupreme Court of North Carolina · 1919
- In the Matter of Chicago and North Western Railway CompanyWyoming Supreme Court · 1952