Norfolk & Southern R.R. Co. v. Warren
| Decision Date | 28 February 1885 |
| Citation | 92 N.C. 620 |
| Court | North Carolina Supreme Court |
| Parties | NORFOLK & SOUTHERN RAILROAD COMPANY v. W. Y. WARREN, et als. |
OPINION TEXT STARTS HERE
THIS WAS a special proceeding, commenced before the clerk, and heard at Fall Term, 1884, of the Superior Court of CHOWAN county before Graves, Judge.
The plaintiff appealed.
The facts are stated in the opinion.
Messrs. Starke & Martin, for the plaintiff .
Messrs. Pruden & Vann, for the defendants .
The Norfolk & Southern Railroad Company, a corporation formed and acting under the concurring legislation of the two States, with a subsequent change in name, has constructed and is operating a line of road between Berkeley in Virginia and Edenton in this State.
Section 6 of the incorporating act, passed in 1870 (Acts 1869-'70, ch. 18), confers upon the president and directors, or their lawfully constituted agents, full power and authority to enter upon all lands through which they may think it necessary to make said road, and to lay out the same according to their will and pleasure, by paying the owners of the lands a fair compensation for their property, and the mode of proceeding is pointed out, to be pursued in case the parties cannot come to an agreement as to the value of the appropriated lands.
Finding larger accommodations needed for the business of the company at the town of Edenton, application was made to the Superior Court of Chowan, before the clerk, for an order to be issued to the sheriff, directing him to summon commissioners, properly qualified, to view the land proposed to be condemned, and to assess and report the damages sustained by the proprietors.
To this application answer was made denying the company's need of the land and offering to convey the same for a reasonable compensation.
The clerk therefore granted the prayer of the petitioner, and proceeded himself to appoint the five commissioners by name, to condemn and value the land, from which the defendants appealed. In the Superior Court, before the Judge, the following adjudication was made: “It appearing from the pleadings that issues of fact are raised which require the intervention of a jury, the appeal is sustained; the judgment of the said clerk is declared to be erroneous, and the cause remanded to him to the end that he may eliminate and certify the issues of fact to be heard by a jury in this court.”
The correctness of this adjudication is brought before us by the plaintiff's appeal.
The concluding clause of the section from which we have quoted, declares the award of damages, made by the commissioners and reported, for compensation, “shall be final, unless one or the other of the parties shall appeal to the Superior Court within ten days, in which case the issues shall be tried by a jury of the county in which the land lies.”
Language very similar, in reference to an appeal to this Court, is found in the act passed to facilitate the construction of telegraph lines (Acts 1874-'75, ch. 203), section eight of which provides “that...
To continue reading
Request your trial
-
Bradshaw v. Bank
...should be noted, and when a final judgment is rendered, an appeal may be taken, citing Hendrick v. Railroad, 98 N. C. 431 ; Railroad v. Warren, 92 N. C. 620; Telegraph Co. v. Railroad, 83 N. C. 420." And in Chadwick v. Railroad Co., 161 N. C. 210, 75 S. E. 852: "We are of opinion that the m......
-
Privette v. Privette
... ... Moore v. Hinnant, ... 87 N.C. 505; State v. Keeter, 80 N.C. 472; Norfolk ... & S. Railroad Co. v. Warren, 92 N.C. 620; Hailey v ... Gray, 93 ... ...
-
Southern Railway Company v. Postalco
...In Davie County Comrs. v. Cook, 86 N. C. 18, the same ruling was made and the prior case in terms affirmed. Again, in Norfolk & S. R. Co. v. Warren, 92 N. C. 620, the two prior cases were cited and approved. Still again, in Hendrick v. Carolina C. R. Co. 98 N. C. 431, 4 S. E. 184, the same ......
-
Hendricks v. Carolina Cent. R. Co
...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 ......