Legal Opinion

Doughty v. Atlantic & North Carolina Railroad

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 14 opinions

Civil Action, tried at Spring Term, 1877, of Carteret Superior Court, before Seymour, J. This action was brought to recover damages and also the penalty prescribed by an “Act to prevent obstructions to navigation in .the waters of Newport River, Carteret County.”

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Civil Action, tried at Spring Term, 1877, of Carteret Superior Court, before Seymour, J. This action was brought to recover damages and also the penalty prescribed by an “Act to prevent obstructions to navigation in .the waters of Newport River, Carteret County.” (Laws 1874, 75, ch. 99.) It was alleged that Newport River was a navigable stream, and that defendant put a “draw” in its bridge across the same when its road was first built, and kept it in such repair, as not to obstruct the passage of masted vessels, until that section of the State was occupied by the Federal Army during the war…

1Opinion of the Court

One of the grounds of demurrer assigned is that the plaintiff in his complaint has joined a cause of action on contract with one for an injury to property, which is not allowed by C. C. P., sec. 126. Logan v. Wallis,76 N.C. 416.

An action for a penalty given by a statute to any person injured is an action on contract. This has been the settled law. 3 Bl. Com., 158, 160, 161. These authorities were cited by counsel for defendant, (24) and sustain their position on that point. Judge Story says an action of assumpsit will lie upon a statutory liability. Opinion of Story,J., in Bullard v. Bell, 1…

2Cases cited6 opinions

  1. Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
  2. Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
  3. Benton v. . CollinsSupreme Court of North Carolina · 1896
  4. Logan v. . WallisSupreme Court of North Carolina · 1877
  5. Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
  2. Benton v. . CollinsSupreme Court of North Carolina · 1896
  3. Hodges v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
  4. State Ex Rel. Cromartie v. ParkerSupreme Court of North Carolina · 1897
  5. Hawk v. Pine Lumber Co.Supreme Court of North Carolina · 1907

9 more not listed; retrieve them via the Exa API.

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