Ridley v. Seaboard & Roanoke Railroad
Supreme Court of North Carolina
This was a oivil agtioN, tried before his Honor Judge Graves, and a jury, at May Term, 1894, of NORTHAMPTON Superior Court, to recover damages for alleged injuries to the lands and crops of the plaintiff, caused by ponding of water by the defendant’s road-bed and bridge.
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This was a oivil agtioN, tried before his Honor Judge Graves, and a jury, at May Term, 1894, of NORTHAMPTON Superior Court, to recover damages for alleged injuries to the lands and crops of the plaintiff, caused by ponding of water by the defendant’s road-bed and bridge. The defendant tendered the following issues, numbered 3 and 4, which his Honor refused to submit to the jury. u 3. Are the bridge and embankineut of the defendant permanent structures ? “ 4. Is the damage of the plaintiff’s land permanent in its character ?” The defendant excepted. The questions involved in these rejected…
1Opinion of the Court
Avery, J.:
Ordinarily where a trespass results in a nuisance, not only is the original wrong actionable, but successive suits may be brought for its continuance, in each of which the damages, if apportionable, can be estimated only up to the time when it was brought in some of the states, but in this State up to the time of trial. 5 Am. & Eng. Enc., 17; Blount v. McCormick, 3 Deues, 283; Bare v. Hoffman, 79 Penn. St., 71; Russell v. Brown, 63 Maine, 203.
In ordinary transactions between individuals where the trespass consists in the erection of temporary structures that piove to be nuisances,…
2Cases cited16 opinions
- City of North Vernon v. VoeglerIndiana Supreme Court · 1885
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
- State v. PhillipsSupreme Court of Missouri · 1857
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3Cited by69 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Phillips v. ChessonSupreme Court of North Carolina · 1950
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
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