Adams v. Durham & Northern Railroad
Supreme Court of North Carolina
This'was a civil actiom, brought to recover damages for overflow alleged to have been caused by turning a running stream into the channel of another while constructing the road, so as to make both pass through a single waterway, tried at April Term, 1892, of Granville Superior Court, before Boykin, J. The plaintiff and his wife had joined in a conveyance of the right-of-way for the Durham and Northern Railroad on either side of the center of the railroad track.
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This'was a civil actiom, brought to recover damages for overflow alleged to have been caused by turning a running stream into the channel of another while constructing the road, so as to make both pass through a single waterway, tried at April Term, 1892, of Granville Superior Court, before Boykin, J. The plaintiff and his wife had joined in a conveyance of the right-of-way for the Durham and Northern Railroad on either side of the center of the railroad track. The plaintiff introduced evidence that, by reason of the turning of two streams of water, one called Adams’ branch and the other…
1Opinion of the CourtAvery, J.
after stating the case, pi’oceeded: It is contended for the defendant that, though Fleming’s branch was turned from its natural channel above the track and made to pass under a trestle with the waters of Adams’ branch, the undisputed fact that the work of constructing the trestle was skillfully done and that it afforded ample room for the passage of both streams, relieves the company from liability to the owner of the tract of land on which the waterway is situated for damages caused by overflow, either above or below the trestle, because compensation for such injury to that land as was…
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