161 N.C. 190 | N.C. | 1912
Tbe denial by tbe defendants of tbe allegation in tbe petition that it is tbe intention of tbe petitioner in good faith to construct and operate tbe proposed railroad, does not raise an issue of fact, and bis Honor properly refused to submit tbe issue tendered. R. R. v. R. R., 148 N. C., 64.
In this case, tbe Court says: “Tbe plaintiff, as required by section 2580, Revisal, stated in its petition that it bad been duly chartered; that it was its intention in good faith to construct,
We are also of opinion that the adjudication as to costs was in the discretion of his Honor.
Section 2589 of the Eevisal provides that, “In any case where the benefits to the land caused by the erection of the railroad,
It appears from the record that disinterested commissioners had reported that the special benefits to the defendants were equal to the damages, and that the defendants appealed, and upon the evidence submitted to a jury, a verdict was returned finding that the benefits exceeded the damages by $1,600.
On these facts, it was proper to require the petitioner to pay all costs accruing up to the time of the appeal from the clerk, and the defendants to pay the costs thereafter incurred.
There are several exceptions to parts of the charge which demand no particular discussion. The one principally relied on is that his Honor told the jury that, “In estimating damages of any kind to the lands of the defendants taken by the railroad company, it is only proper to consider actual damages, not those remote or speculative or dependent upon a future possible use of the property.”
The only evidence as to the future use of the property was as to the development of the water-power, and the language used, standing alone, might be construed to exclude that as an element of damage; but the charge must be considered as a whole, and his Honor further charged the jury: “If the jury shall find there is a water-power on these lands, in estimating - the value of such water-power the jury will take into consideration the feasibility and practicability of developing same, and the cost of its development, and if the jury shall find that the cost of developing said water-power is so great as to make it unprofitable, then no damages will have been suffered by the defendants by reason of its alleged destruction. In connection with this water-power, the jury will take into consideration whether or not the same can be developed as completely with the
The jury could not fail to understand, from this, that they were to estimate the damage to the water-power and its future development.
The case has, in our opinion, been fairly submitted to a jury, and we find no error which will justify disturbing the judgment rendered upon the verdict.
No error.