Supreme Court of North Carolina, 1894

Wellington & Powellsville Railroad v. Cashie & Chowan Railroad & Lumber Co.

Supreme Court of North Carolina · Decided February 15, 1894

114 N.C. 690

Cases that cite this one

4 later published cases cite this decision.

Fayetteville Street Railway v. Railroad (N.C. 1906)
Morrison v. Indianapolis & Western Railway Co. (Ind. 1906)
Fisher v. Insurance Co. (N.C. 1904)
Holly Shelter Railroad v. Newton (N.C. 1903)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam :

Upon a consideration of the affidavits filed we are of the opinion that the order of his Honor should not be disturbed. It may also be observed that the existence of the corporation cannot be assailed in this collateral manner (Asheville Div. v. Aston, 92 N. C., 578), and that the amount of land sought to be condemned does not appear' to be unreasonable. The very granting of a charter, like *692this implies that land is necessary to be taken for the right of way, and, unless the discretion is abused, the Courts will not interfere. Railroad v. Railroad, 106 N. C., 23.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.