Legal Opinion

Hickory v. Railroad

Supreme Court of North Carolina

Decided December 13, 1904PublishedCited by 12 opinions

ActioN by the city of Hickory against tbe Southern Railway Company, beard by Judge W. Id. Neal and a jury, at May Term, 1904, of the Superior Court of Catawba County.

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ActioN by the city of Hickory against tbe Southern Railway Company, beard by Judge W. Id. Neal and a jury, at May Term, 1904, of the Superior Court of Catawba County. The facts are that in the year 1859 the W. N. C. R. R. Co. constructed and erected its line of railway and depot on the land where the city of Hickory now stands, and began to operate its engines and cars, transporting freight and passengers thereon, and it and its successors have been in the continuous use and enjoyment of said" railway and depot ever since. At the time said line of railway was constructed and said depot…

1Opinion of the Court

Douglas, J.,

after stating the ease. It is important that we should in the beginning ascertain the relief sought in this action. It is thus stated in the, prayer of the complaint: “That the defendant, its agents, officers, employees, servants, representatives and any person or persons acting by or under any contract or agreement with it, be perpetually enjoined from erecting and building platform and any other structure whatever or any part thereof within that boundary of land in the city of Hickory, Catawba County, North Carolina, referred to and described in Exhibit 'A/ which is a part of…

2Cited by12 opinions

  1. John L. Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1914
  2. Keziah v. Seaboard Air Line Railroad CompanySupreme Court of North Carolina · 1968
  3. City of Winston-Salem v. AshbySupreme Court of North Carolina · 1927
  4. Wearn v. . R. RSupreme Court of North Carolina · 1926
  5. Hickory v. RailroadSupreme Court of North Carolina · 1906

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