Porter v. Aberdeen & Rockfish Railroad
Supreme Court of North Carolina
ActioN tried before Long, J., and’ a jury, at April Term, 1908, of Cumberland. The action was to recover damages against defendant company for unlawfully entering upon lands of the plaintiffs and wrongfully occupying same in the exercise of a right of way. The plaintiffs TI. B. and C. B. Porter, having failed to file any complaint, the action as to them was dismissed and the cause proceeded with as between plaintiff John Porter and the defendant.
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ActioN tried before Long, J., and’ a jury, at April Term, 1908, of Cumberland. The action was to recover damages against defendant company for unlawfully entering upon lands of the plaintiffs and wrongfully occupying same in the exercise of a right of way. The plaintiffs TI. B. and C. B. Porter, having failed to file any complaint, the action as to them was dismissed and the cause proceeded with as between plaintiff John Porter and the defendant. Said plaintiff developed his case and offered evidence tending to show that he was the owner and in possession of the land at the time of the…
1Opinion of the Court
Hoke, J.,
after stating the case: While the facts are not fully developed, we think, from a perusal of the pleadings and the evidence stated in the case on appeal, it appears by fair intendment that in 1902 the defendant company entered on the lands in question, claiming the right to do so,' and have constructed their railroad and are operating the same, under and by virtue of a legislative charter; and on facts substantially similar we have held, in Beasley v. Railroad, 147 N. C., 362, that, under the circumstances indicated, a railroad company cannot be ousted from the land by action of…
2Cases cited3 opinions
- Liverman v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1894
- Beasley v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1907
- Beasley v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1908
3Cited by12 opinions
- Phillips v. ChessonSupreme Court of North Carolina · 1950
- Drake v. . HowellSupreme Court of North Carolina · 1903
- Dulin v. Ohio River RailroadWest Virginia Supreme Court · 1913
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Mason v. Durham CountySupreme Court of North Carolina · 1918
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