Legal Opinion

McMahan v. Black Mountain Railway Co.

Supreme Court of North Carolina

Decided December 15, 1915PublishedCited by 9 opinions

Appeal by plaintiff from Long, J., at March Term, 1915, of YaNcey. Proceedings instituted by plaintiff to recover damages for railroad right of way, heard on appeal from the clerk of Superior Court.

Read the full summary

Appeal by plaintiff from Long, J., at March Term, 1915, of YaNcey. Proceedings instituted by plaintiff to recover damages for railroad right of way, heard on appeal from the clerk of Superior Court. On the hearing* there was evidence tending to show that plaintiff was the owner of a tract of land of twenty-five acres in said county, and that defendant company had entered on a portion of same, constructed its depot and various tracks, and was operating its road under its franchise, etc.; that the works of defendant on the property to date consisted of six different railroad tracks, a depot and…

1Opinion of the Court

HoKe, J.,

after stating the ease: It having been made to appear that the defendant company has entered on plaintiff’s land, constructed its road and is operating the same by virtue of its franchise, under our decisions and statutes applicable, and so far as the remedy is concerned, it was open to plaintiff either to petition before the clerk under the law governing suck proceedings — the course pursued in this instance — or to sue in the Superior Court for permanent damages suffered, in wbicb case, and on payment of same, an easement would pass as in case of condemnation. Porter v. R. R., 148…

2Cases cited14 opinions

  1. Triplett v. . WilliamsSupreme Court of North Carolina · 1908
  2. Gudger v. White.Supreme Court of North Carolina · 1906
  3. R. R. v. . R. R.Supreme Court of North Carolina · 1908
  4. Sawyer v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1907
  5. Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903

9 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Phillips v. ChessonSupreme Court of North Carolina · 1950
  2. North Carolina State Highway & Public Works Commission v. BlackSupreme Court of North Carolina · 1954
  3. R. R. v. . R. R.Supreme Court of North Carolina · 1908
  4. R. R. v. . Manufacturing Co.Supreme Court of North Carolina · 1915
  5. Commercial National Bank of Charlotte v. Charlotte Supply Co.Supreme Court of North Carolina · 1946

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API