Hodges v. Western Union Telegraph Co.
Supreme Court of North Carolina
ActioN by G. R,. Hodges and wife against tbe Western Union Telegraph Company, heard by Judge H. B. Bryan and a jury, at May Term, 1903, of the Superior Court of Hab-nett County.
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ActioN by G. R,. Hodges and wife against tbe Western Union Telegraph Company, heard by Judge H. B. Bryan and a jury, at May Term, 1903, of the Superior Court of Hab-nett County. On January 15, 1883, the plaintiff executed to the Wilmington and Weldon Railway Company a deed reciting that said company contemplated building a branch line of its railroad, etc., and that “for and in consideration of the benefits to be derived from the building of said branch road, and in further consideration of one dollar,” the plaintiff grants to the said company, “its successors and assigns all the following…
1Opinion of the CourtCoNNOR, J.
(after stating the facts). The defendant admits the entry upon and appropriation of the land, the fee of which is in the plaintiffs, and seeks to justify such entry and appropriation under the contract made with the railroad company. The decision of this contention is dependent upon the proper construction of the grant made by the plaintiffs to the railroad company. It is well settled by this and other Courts that “the right of way of railroad companies is by judgment of condemnation made subject to occupation where and only where the company finds it necessary to take the actual possession…
2Cases cited6 opinions
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- White v. Northwestern North Carolina RailroadSupreme Court of North Carolina · 1893
- American Telephone & Telegraph Co. v. PearceCourt of Appeals of Maryland · 1889
- Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
- Western Union Telegraph Co. v. WilliamsSupreme Court of Virginia · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Hildebrand v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1941
- McCotter v. BarnesSupreme Court of North Carolina · 1958
- Rouse v. City of KinstonSupreme Court of North Carolina · 1924
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
34 more not listed; retrieve them via the Exa API.