Hendricks v. Carolina Cent. R. Co
| Decision Date | 19 December 1887 |
| Citation | 98 N.C. 431,4 S.E. 184 |
| Court | North Carolina Supreme Court |
| Parties | Hendricks v. Carolina Cent. R. Co. |
Appeal—When Lies—Final Judgment.
In a summary application by plaintiff for the appointment of commissioners to assess damages caused by the construction of defendant's railway across his lands, defendant answered, denying plaintiff's rights and grievances. An agreed statement of the facts of the matter of the proceeding having been submitted to the court, it made an order appointing commissioners to assess damages. Held, that the order was interlocutory, and that no appeal could be taken until after flnal judgment on the report of the commissioners.
Appeal from superior court, Cleveland county; J. C. MacRae, Judge. W. P. Bynum, for plaintiff. Burwell & Walker, for defendant.
This is a summary application of the plaintiff, claiming damages from the defendant railroad company, occasioned by the location and construction of the railroad of the latter over and across the lands of the for. mer, as allowed by the statute, (Acts 1854-55, c. 225, § 26; Acts 1872-73, e. 75, §§ 9, 10, 15; Code, §§ 1943-1946,) in which the plaintiff prays that the court appoint commissioners to assess damages to him, etc. The defendant filed its answer to the petition, denying the plaintiff's alleged rights, etc. In term-time, the parties agreed upon and submitted the facts of the matter of the proceeding to the court for its judgment. Upon consideration, it made its order appointing commissioners to assess the damages, etc.; to which the defendant excepted, and appealed to this court.
The order appealed from is interlocutory, and no appeal lay at once from it. Upon the coming in of the report of the commissioners, appropriate exceptions thereto may be filed by either or both parties, raising all questions affecting their respective rights involved; and upon the settlement of the same, and flnal judgment ot the court, either or both parties may assign errors, and then appeal to this court, bringing up for review all errors assigned in the record at any stage of the proceeding after it begun. This case is in material respects like Telegraph Co, v. Railroad Co., 83 N. C.420; Commissioners v. Cook, 86 N. C. 18; Railroad v. Warren, 92 N. C. 620. They set-tle the course of practice in such proceedings as the present one, and sufficiently state the reasons for it. That the defendant broadly denied the plaintiff's alleged rights and grievances, and the parties agreed...
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