Dargan v. . R. R.

The defendant, the Carolina Central Railway Company, was chartered in 1873, under chapter 75, Laws (624) 1872-'73. By the provisions of the act of incorporation, and also under chapter 225, Laws 1854-'55, the defendant being the purchaser of the Wilmington, Charlotte and Rutherford Railroad, the defendant was authorized to procure a right of way by either purchase or proceedings in condemnation. In both acts of Assembly it was also provided that, in the absence of any contracts in relation to the land through which the railway might pass, it would be presumed that the land over which the road…