R. R. v. . Lumber Co.

This is a petition to hear the same case reported (925) in 114 N.C. 690. The plaintiff instituted a special proceeding to condemn the right of way over defendant's land. The defendant in its answer alleged that it would sustain irreparable damage, if the road should be built, and using the answer as an affidavit, obtained a temporary restraining order, which on the return day was vacated upon the filing by the plaintiff of a bond in the penal sum of one thousand dollars conditioned for the payment by the plaintiff of all costs and damages recovered by the defendant in this action. The appeal…