Carolina Central Railroad v. McCaskill
Supreme Court of North Carolina
Issues joined upon a petition for betterments, tried before Ciarle, Judge, at January Term, 1887, of Robeson Superior Court. This action was brought to recover possession of a specified parcel of land, part of the right-of-way of the plaintiff company, situate in the town of Shoe Heel. The pleadings raised issues of fact.
Read the full summary
Issues joined upon a petition for betterments, tried before Ciarle, Judge, at January Term, 1887, of Robeson Superior Court. This action was brought to recover possession of a specified parcel of land, part of the right-of-way of the plaintiff company, situate in the town of Shoe Heel. The pleadings raised issues of fact. There was a trial, and the plaintiff obtained judgment, whereupon the defendant filed his petition in the action, as allowed by the statute, (The Code, §473,) alleging that he, while holding the premises under color of title, believed by him to be good, made permanent'…
1Opinion of the Court
MeubjmoN, J.,
(after stating the case). The assignment of error in that the Court refused to submit to the jury the issue proposed by the defendant cannot be sustained, because the second issue submitted by the Court, in substance and effect, embraced the same inquiry proposed. The jury might have responded to the latter issue, that the alleged improvement did not enhance the value of the premises in any degree ; the counsel for the defendant might, perhaps did, so argue to them, and the Court so, in effect, instructed them, in saying “that they should only estimate such improvements as were…
2Cases cited7 opinions
- Scott v. . BattleSupreme Court of North Carolina · 1881
- Merritt v. . ScottSupreme Court of North Carolina · 1879
- Daniel v. . CrumplerSupreme Court of North Carolina · 1876
- Justice v. . BaxterSupreme Court of North Carolina · 1885
- Reed v. . ExumSupreme Court of North Carolina · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. . FosterSupreme Court of North Carolina · 1916
- Johnson v. . AllenSupreme Court of North Carolina · 1888
- Rhyne v. . SheppardSupreme Court of North Carolina · 1944
- Purifoy v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Pritchard v. WilliamsSupreme Court of North Carolina · 1921
9 more not listed; retrieve them via the Exa API.