Knight v. Albemarle & Raleigh Railroad
Supreme Court of North Carolina
Civil action, tried at Fall Term, 1891, of Edgecombe Superior Court, Bryan, J, presiding. The complaint alleges that the plaintiff planted and produced crops in the years 1887, 1888 and 1889 on a tract of land situate on and near Coneto creek; that the said defendant constructed a bridge over and across said creek and a part of its road-bed so negligently, and so kept and maintained the same during said years, as to obstruct and prevent the free and natural flow of the water…
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Civil action, tried at Fall Term, 1891, of Edgecombe Superior Court, Bryan, J, presiding. The complaint alleges that the plaintiff planted and produced crops in the years 1887, 1888 and 1889 on a tract of land situate on and near Coneto creek; that the said defendant constructed a bridge over and across said creek and a part of its road-bed so negligently, and so kept and maintained the same during said years, as to obstruct and prevent the free and natural flow of the water of said creek, and thereby ponded the same upon the plaintiff’s said crops and greatly endamaged them, etc. The answer…
1Opinion of the CourtMerrimon, C. J.
after stating the case: There was evidence on the trial tending to prove that the flow of the water of the creek mentioned was obstructed, retarded and ponded back in some considerable measure by the trees, tree-tops; trash, logs and like obstructions. This evidence was pertinent and important, and the Court should have appropriately directed the attention of the jury to it, as it did particularly direct their attention to other pertinent evidence; especially it should have done so in compliance with the defendant’s special request. Although the defendant may not have been entitled to the…
2Cases cited1 opinion
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
3Cited by5 opinions
- Chesson v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1896
- Baker v. N. & S. RailroadSupreme Court of North Carolina · 1907
- Marcom v. Durham & Southern Railway Co.Supreme Court of North Carolina · 1914
- Kahn v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1894
- Smith v. Postal Telegraph-Cable Co.Supreme Court of North Carolina · 1914