Carolina & Northwestern Railway Co. v. Carpenter
Supreme Court of North Carolina
Appeal by defendant from Webb, J., at October Special Term, 1913, of GastoN. Civil action to enjoin defendants from interfering with the plaintiff’s occupation of its right of way and station, upon these issues: 1. Have the defendants, O. D. Carpenter and Harden Manufacturing Company, wrongfully .and unlawfully claimed and asserted a right to the exclusive possession and. use of the plaintiff’s siding, freight station facilities, and right of way at the station of Hardens,…
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Appeal by defendant from Webb, J., at October Special Term, 1913, of GastoN. Civil action to enjoin defendants from interfering with the plaintiff’s occupation of its right of way and station, upon these issues: 1. Have the defendants, O. D. Carpenter and Harden Manufacturing Company, wrongfully .and unlawfully claimed and asserted a right to the exclusive possession and. use of the plaintiff’s siding, freight station facilities, and right of way at the station of Hardens, on said plaintiff’s line of railway? Answer: Yes. 2. What damage, if any, has the plaintiff sustained thereby? Answer: $1.
1Opinion of the CourtBbowN, J.
The controversy, in our opinion, is to be settled by a proper construction of the following deed:
State of Nokth CaeoliNa — Oouitty of GastoN.
Know all men by these presents, that the Harden Manufacturing Company of the said county and State, for and in consideration of the sum of five dollars ($5) to it paid by the Carolina and Northwestern Railway Company, the- receipt whereof is hereby acknowledged, and in further consideration of .the benefits to accrue to it by the use and occupation of the premises hereinafter described by said railway company for the purpose hereinafter indicated, do…
2Cases cited1 opinion
- Robinson v. . IngramSupreme Court of North Carolina · 1900
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- Hinton v. . VinsonSupreme Court of North Carolina · 1920
- Shields v. HarrisSupreme Court of North Carolina · 1925
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- Benton v. Montgomery Lumber Co.Supreme Court of North Carolina · 1928
- Shields v. . HarrisSupreme Court of North Carolina · 1925
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