Fayetteville Street Railway v. Railroad
Supreme Court of North Carolina
ActioN by The Fayetteville Street Railway against The Aberdeen and Rodkfish Railroad Company for a permanent injunction to restrain defendant from interfering with a right-of-way claimed by plaintiff, pending in the Superior Court of CumbeelaND and heard by -Judge W. B. Council, at Lumberton, N. C., on 14 September, 1906, on an order to show cause why the temporary restraining order theretofore granted should not be continued. • It seems to have been agreed between the…
Read the full summary
ActioN by The Fayetteville Street Railway against The Aberdeen and Rodkfish Railroad Company for a permanent injunction to restrain defendant from interfering with a right-of-way claimed by plaintiff, pending in the Superior Court of CumbeelaND and heard by -Judge W. B. Council, at Lumberton, N. C., on 14 September, 1906, on an order to show cause why the temporary restraining order theretofore granted should not be continued. • It seems to have been agreed between the parties that the restraining order should be continued on both parties till their rights should be finally determined, and…
1Opinion of the Court
Hoke, L,
after stating the caseThere seems to be no substantial difference between the parties as to any facts material to the controversy, and the principal question presented on this appeal is as to which of these two companies has the better right to appropriate and use the old and abandoned roadbed from Fayetteville to Hope Mills as its right-of-way.
It may be well to note that defendant does not resist the plaintiffs claim in this matter simply by reason of its having purchased certain portions of this old road-hed from some of the owners along the route; but, as shown in section 11 of the…
2Cases cited13 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Chesapeake & Ohio Ry. Co. v. Deepwater Ry. Co.West Virginia Supreme Court · 1905
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- New Brighton & New Castle Railroad v. Pittsburgh, Youngstown & Chicago RailroadSupreme Court of Pennsylvania · 1884
- North Carolina v. Carolina Central Railway Co.Supreme Court of North Carolina · 1880
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Daily v. MarshallMontana Supreme Court · 1913
- Golconda Northern Railway v. Gulf Lines Connecting RailroadIllinois Supreme Court · 1914
- Gulf Lines Connecting Railroad v. Golconda Northern RailwayIllinois Supreme Court · 1919
- Yadkin County v. City of High PointSupreme Court of North Carolina · 1940
- Eastern Products Corporations v. Tennessee Coal, Iron & R.Tennessee Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.