Home/Supreme Court of North Carolina/Virginia & Carolina Southern Railroad v. Seaboard Air Line Railroad

Virginia & Carolina Southern Railroad v. Seaboard Air Line Railroad

161 N.C. 531
CourtSupreme Court of North Carolina
DecidedApril 2, 1913
StatusPublished
Cited by1 cases

This text of 161 N.C. 531 (Virginia & Carolina Southern Railroad v. Seaboard Air Line Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Virginia & Carolina Southern Railroad v. Seaboard Air Line Railroad, 161 N.C. 531 (N.C. 1913).

Opinion

Claek, C. J.

This is a proceeding by tbe plaintiff to condemn a right of way across the track of the defendant in order to extend its track to the Lumberton Cotton Mills and the Kingsdale Lumber Company plants on the south side of the defendant’s track and to make connection with the Raleigh and Charleston Railroad Company’s track.

The plaintiff has a spur track at Lumberton extending over some 600 yards to the Dresden Cotton Mills on the north side of defendant’s track, and it wishes to extend it further to the two plants above named on the south side of defendant’s track, and to make connection on that side with another railroad, as above stated.. The petition was granted before the clerk, and on appeal before Goolce, J., an injunction was refused, and the commissioners proceeded to make the condemnation, who assessed defendant’s damages at $600. On the hearing before [534]*534Peebles, J., on exceptions filed, tbe jury assessed tbe damages wbicb tbe defendant was entitled-to recover from tbe plaintiff at $300, but tbe judge reversed tbe order of tbe clerk and rendered judgment against tbe plaintiff.

[533]*533

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Related

R. R. v. . R. R
10 S.E. 659 (Supreme Court of North Carolina, 1889)

Cite This Page — Counsel Stack

Bluebook (online)
161 N.C. 531, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-carolina-southern-railroad-v-seaboard-air-line-railroad-nc-1913.