Opinion · Nclaw North Carolina

STATE v. JONES, 170 N.C. 753 (1915)

87 S.E. 235

Type
Opinion
Court
Nclaw North Carolina
Jurisdiction
Nclaw
Date
1915-01-01
Topic
general

STATE v. JONES, 170 N.C. 753 (1915) 87 S.E. 235 STATE v. CHARLES JONES ET AL.Supreme Court of North Carolina (Filed 15 December, 1915.) Railroads — Statute — Charter Provisions — Entry Before Condemnation — Rightful Entry — Forcible Trespass. A provision in the charter of a railroad company that it shall not be required to institute proceedings for the condemnation of lands prior to the time of entering thereon for the purpose of constructing its road is valid; and where the exercise of this power does not come within the exceptions of Revisal, sec. 2587, as to invading a dwelling-house, yard, etc., the entry upon the land is rightful under the terms of the statute, and does not constitute forcible trespass, though the way is fenced off by the owner, who forbids the entrance with loaded guns. WALKER, J., dissenting.

Citator

UpLaw has not yet analyzed STATE v. JONES, 170 N.C. 753 (1915). The absence of a flag is not a finding that it is good law.