State v. . Rives
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Northampton County, at the Spring Term, 1844, his Honor Judge Pearson presiding. rpfrg defendant was tried upon an indictment containing two counts ; one under the seventh section of the act of 1832, incorporating the Portsmouth and Roanoke Rail Road Company, (Rey.
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Appeal from the Superior Court of Law of Northampton County, at the Spring Term, 1844, his Honor Judge Pearson presiding. rpfrg defendant was tried upon an indictment containing two counts ; one under the seventh section of the act of 1832, incorporating the Portsmouth and Roanoke Rail Road Company, (Rey. Stat. 2 vol. p. 311) which provides that “if any person shall wilfully injure, impair or destroy, or cause to be injured or impaired any part of the said rail road,” &c., he “shall be subject to indictment” in either • the County or SQ^rior Court, and “upon conviction shall be punished,” &c.…
1Opinion of the Court
The court took time to advise, and now at this term, delivered the following opinion.
Ruffin, C. J.
This case was treated at the bar as depending upon the question whether the defendant gained a right of property by the sheriff’s sale and conveyance in the part of the road purchased, or in the materials of which it was con- Btructed. We think that a proper view of the subject, because the statutes which make it. an offence to obstruct the road or' destroy its materials, have in view the acts of a person who is not the proprietor of the road or materials, but acts wantonly and not in the…
2Cited by11 opinions
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- Lo-Vaca Gathering Co. v. Missouri-Kansas-Texas RailroadCourt of Appeals of Texas · 1972
- Carolina Coal & Ice Co. v. Southern Railway Co.Supreme Court of North Carolina · 1907
- McNeal Pipe & Foundry Co. v. HowlandSupreme Court of North Carolina · 1892
- Williams v. Charles F. Dunn & Sons Co.Supreme Court of North Carolina · 1913
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