Supreme Court of North Carolina January 5, 1871 (Plott v. Western North Carolina Railroad)

Eeade, J.

The plaintiff was not obliged to pursue the-remedy prescribed in the defendant’s charter to recover damages for the way over his land, to-wit: assessment by commissioners within two years from the time the road was located, because the defendant dispensed with it, and assured the plaintiff that it would be settled without. And the plaintiff may recover upon that special promise.