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

Supreme Court of North Carolina February 15, 1894

Wellington & Powellsville Railroad v. Cashie & Chowan Railroad & Lumber Co., 114 N.C. 690 (N.C. 1894)

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.

Reference

Full Case Name: WELLINGTON & POWELLSVILLE RAILROAD COMPANY v. THE CASHIE & CHOWAN RAILROAD AND LUMBER COMPANY
Cited By: 6 cases
Status: Published
Syllabus: Corporations — Right of Way — Eminent Domain — Collateral Attack of Corporation. The existence of a railroad corporation cannot be attacked or questioned in an action brought'by it to condemn land for its purposes.