Cobb v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ApplicatioN for injunction, beard at chambers, 21 April, 1916, by Devin, J. From Wilson. This is an action to restrain the defendants, the Atlantic Coast Line Railroad Company and the Toisnot Township Road Committee, from entering upon the land of the plaintiff and changing a public road, and from committing other trespasses thereon.
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ApplicatioN for injunction, beard at chambers, 21 April, 1916, by Devin, J. From Wilson. This is an action to restrain the defendants, the Atlantic Coast Line Railroad Company and the Toisnot Township Road Committee, from entering upon the land of the plaintiff and changing a public road, and from committing other trespasses thereon. The plaintiff alleges, in .substance, that he owns a tract of land in Toisnot Township, Wilson County, lying on a public road from Elm City to Sharpsburg, and adjoining a quarry of the defendant the Atlantic Coast Line Railroad Company and others; that the two…
1Opinion of the CourtAlleN, J.
We concur in the positions taken by the learned counsel for the defendants, that the courts will not ordinarily interfere by injunction with the operation of industrial and other enterprises which aid in the development of the country, nor will they attempt to restrain the free exercise of discretion vested in public officers, when used for the benefit of the public. But these questions are not now before us.
The allegations of the plaintiff are that the members of the road ■committee are not using the powers vested in them for the public good, .and that, on the contrary, they and their…
2Cases cited8 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Stratford v. City of GreensboroSupreme Court of North Carolina · 1899
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Commissioners of Yancey County v. Road Commissioners of Yancey CountySupreme Court of North Carolina · 1914
- Edwards v. Commissioners of Greene CountySupreme Court of North Carolina · 1915
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- Guilford Realty & Insurance Co. v. Blythe Bros. Co.Supreme Court of North Carolina · 1963
- State v. ScottSupreme Court of North Carolina · 1921
- State v. . ScottSupreme Court of North Carolina · 1921
- Nash v. . TarboroSupreme Court of North Carolina · 1947
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