Legal Opinion

Hendrick v. Carolina Central Railroad

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 16 opinions

Proceeding for damages, tried at August Term, 1887, of CLEVELAND Superior Court, before MacRae, Judge. This is a summary application of the plaintiff claiming damages from the defendant railroad company, occasioned by the location and construction of the railroad of the latter over and across the lands of the former, as allowed by the statute (Acts 1854-55, ch. 225, §26; Acts 1872-73, ch. 75, §§9, 10, 15; The Code, §§1943-1946), in which the plaintiff prays that the Court…

Read the full summary

Proceeding for damages, tried at August Term, 1887, of CLEVELAND Superior Court, before MacRae, Judge. This is a summary application of the plaintiff claiming damages from the defendant railroad company, occasioned by the location and construction of the railroad of the latter over and across the lands of the former, as allowed by the statute (Acts 1854-55, ch. 225, §26; Acts 1872-73, ch. 75, §§9, 10, 15; The Code, §§1943-1946), in which the plaintiff prays that the Court appoint commissioners to assess damages to him, &c. The defendant filed its answer to the petition, denying the…

1Opinion of the CourtMerrimon, J.

The order appealed from is interlocutory, and no appeal lay at this stage of the proceeding from it. Upon the coming in of the report of the commissioners, ap propriate exceptions thereto may be filed by either or both parties, raising all questions affecting their respective rights involved, and upon the settlement of the same and final judgment of the Court, either or both parties may assign error, and then appeal to this Court, bringing up for review all errors assigned in the record at any stage of the proceeding after it began.

This case is in all material respects like Telegraph Co. v.…

2Cases cited3 opinions

  1. American Union Telegraph Co. v. Wilmington, Columbia & Augusta RailroadSupreme Court of North Carolina · 1880
  2. Norfolk Southern Railroad v. . WarrenSupreme Court of North Carolina · 1885
  3. Commissioners of Davie County v. CookSupreme Court of North Carolina · 1882

3Cited by16 opinions

  1. Southern Railway Co. v. Postal Telegraph-Cable Co.Supreme Court of the United States · 1901
  2. Bradshaw v. Citizens National BankSupreme Court of North Carolina · 1916
  3. Holly Shelter Railroad v. NewtonSupreme Court of North Carolina · 1903
  4. R. R. v. . R. R.Supreme Court of North Carolina · 1908
  5. Hyman v. . EdwardsSupreme Court of North Carolina · 1940

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API