Durham & Northern Railroad v. Richmond & Danville Railroad

Citations

• 106 N.C. 16

Syllabus

<p>Eminent Domain — Corporations—Condemnation of Land— Jurisdiction — Railroads—Statutes.</p> <p>1. The charter of a railroad company provided that it might condemn land by a proceeding commenced before a Court of record having common law jurisdiction: Held, that the Clerk of a Superior Court has jurisdiction of such proceeding.</p> <p>2. The petitioner in a proceeding to condemn land must allege that it has “ surveyed the line or route of its proposed road, and made a map or survey thereof, by which such route or line is designated, and that it has located its said road according to such survey, and filed certificates of such localities, signed by a majority of its directors, in the Clerk’s office,” &c., as required by The Code, § 1952; otherwise, the proceeding will be dismissed.</p> <p>3. The provisions of the general railroad act, The Code, chapter 49, are applicable to the Durham and Northern Railroad Company, notwithstanding its charter prescribes that it shall have the power to condemn land under the “ same rules and regulations as are pre- . scribed for the North Carolina Railroad Company.”</p>