Stack v. Railroad
Supreme Court of North Carolina
AotioN by J. E. Stack against Seaboard Air Line Railway for wrongfully ponding water on a lot owned by the plaintiff, tried by Judge Walter II. Neal and a jury, at the August Term, 1906, of the Superior Court of UNION County.
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AotioN by J. E. Stack against Seaboard Air Line Railway for wrongfully ponding water on a lot owned by the plaintiff, tried by Judge Walter II. Neal and a jury, at the August Term, 1906, of the Superior Court of UNION County. The plaintiff alleged and offered evidence tending to show that the defendant’s road bed crossed a ravine or branch at a point below a lot which was owned by the plaintiff; that the defendant had constructed a culvert or drain under its road bed, which was insufficient to carry off the water of the branch in times of rain, and by reason of such defective and insufficient…
1Opinion of the Court
HoKE, J.,
after stating the case: The only exception presented for our consideration was for alleged error in determination of the fourth issue. On that issue the court charged the jury as follows: “Is the plaintiff’s action barred by the statute of limitations? Your inquiry would be this: When did the substantial injury start, if the lot was injured ? This action was instituted September 6, 1904. The question now is, when did the substantial injury begin? This action began in 1904, and if this injury began more than five years before that, it doesn’t make any difference who resided there, the…
2Cases cited1 opinion
- Lassiter v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1900
3Cited by12 opinions
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Pickett v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Dayton v. City of AshevilleSupreme Court of North Carolina · 1923
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