City of Raleigh v. Carolina Power & Light Co.
Supreme Court of North Carolina
CONTROVERSY without action, beard and determined by Daniels, J., at June Term, 1920, of Wake. Tbe proceeding is brought to recover $13,312.69, with interest from 15 October, 1914, money paid out by tbe plaintiff for removing car track, paving between tracks, etc., for defendant. It was agreed tbat tbis work should be done by tbe plaintiff, and if it should be decided tbat tbe defendant was liable therefor, then tbe plaintiff should recover tbe same.
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CONTROVERSY without action, beard and determined by Daniels, J., at June Term, 1920, of Wake. Tbe proceeding is brought to recover $13,312.69, with interest from 15 October, 1914, money paid out by tbe plaintiff for removing car track, paving between tracks, etc., for defendant. It was agreed tbat tbis work should be done by tbe plaintiff, and if it should be decided tbat tbe defendant was liable therefor, then tbe plaintiff should recover tbe same. His Honor rendered judgment against tbe defendant, which appealed to the Supreme Court. J. 8. Manning and' J. W. Hinsdale, Jr., for plaintiff.
1Opinion of the CourtBrowN, J.
We gather the following facts from a voluminous case agreed: The defendant and its predecessors operated under a license granted by the city of Raleigh, double-track street car line up Hillsboro' Street to the city limits at St. Mary’s Street. Defendant operated the same line beyond St. Mary’s Street on what was called Hillsboro Road, and on the north side thereof, for some distance beyond the city limits by virtue of authority granted by the board of county commissioners of Wake County to operate said road, they directing that the tracks shall be built on the north side of the said road.…
2Cases cited8 opinions
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of the United States · 1914
- New Orleans Gas Light Co. v. Drainage Commission of New OrleansSupreme Court of the United States · 1905
- St. Louis Gaslight Co. v. City of St. LouisSupreme Court of Missouri · 1870
- People Ex Rel. Woodhaven Gas Light Co. v. DeehanNew York Court of Appeals · 1897
- Atlantic Coast Line Railroad v. City of GoldsboroSupreme Court of North Carolina · 1911
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3Cited by5 opinions
- First Nat. Bank of Boston v. Maine Turnpike Auth.Supreme Judicial Court of Maine · 1957
- City of Durham v. Southern Railway Co.Supreme Court of North Carolina · 1923
- City of Durham v. Durham Public Service Co.Supreme Court of North Carolina · 1921
- Clarice-Washington Electric Membership Corp. v. Alabama Power Co.Supreme Court of Alabama · 1961
- Durham v. . Public Service Co.Supreme Court of North Carolina · 1921