Barclift v. Norfolk Southern Railroad
Supreme Court of North Carolina
Civil action, tried before Kerr, J., and a jury, at November Term, 1917, of PasquotaNK. Tbe action, instituted 30 October, 1915, is to recover for tbe alleged wrongful diversion of water by defendant company on tbe lands of plaintiffs R. C. Barclift and bis wife, Lavinia, causing substantial damages to tbe same.
Read the full summary
Civil action, tried before Kerr, J., and a jury, at November Term, 1917, of PasquotaNK. Tbe action, instituted 30 October, 1915, is to recover for tbe alleged wrongful diversion of water by defendant company on tbe lands of plaintiffs R. C. Barclift and bis wife, Lavinia, causing substantial damages to tbe same. On denial of liability, tbe jury rendered tbe following verdict: 1. Is tbe plaintiff tbe owner of tbe land described in tbe pleadings? Answer: “Yes.” 2. Has tbe defendant wrongfully diverted and discharged tbe water on tbe lands of tbe plaintiff, as alleged ? Answer: “Yes.” 3. What…
1Opinion of the CourtHoke, J.
There were facts in evidence tending to show that defendant company, constructing its road in 1881, by lateral ditches diverted quantities of water from its natural flow and drainage and by a drain ditch conveyed a part of this diverted water towards tbe lands of plaintiffs, passing through a culvert under a county road, etc.; that this drain ditch, as originally made by tbe company, was about six -feet wide and two to three feet deep and held tbe water in such fashion-that tbe culvert under tbe county road and lower drain ditches were sufficient to carry same to a natural watercourse and…
2Cases cited7 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Duval v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
- Porter v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1908
- Stack v. RailroadSupreme Court of North Carolina · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Phillips v. ChessonSupreme Court of North Carolina · 1950
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Jackson v. . KearnsSupreme Court of North Carolina · 1923