Rice v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
ActioN by J. D. Rice and wife against tbe Norfolk and Carolina Railroad Company, beard by Judge O. H. Allen and a jury, at November Term, 1901, of tbe Superior Court of Beetle County. From a judgment for tbe plaintiffs, tbe defendant appealed.
1Opinion of the CourtDouglas, J.
This was an action brought to recover damages for injury to the plaintiff’s land, caused by the alleged collection and diversion of surface water. It appears from the evidence that the defendant’s track ran through a depression in the surface of the land of considerable extent, in which water became ponded and which had noi natural outlet. By saying there was no' natural outlet, we presume the witnesses meant that there was no such outlet for the water in the pond below a certain level, as several of them testified that the water ran in different directions before the railroad ditches were…
2Cases cited9 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
- Mizell v. McGowan.Supreme Court of North Carolina · 1901
- Lassiter v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1900
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- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Railroad v. Land Co.Supreme Court of North Carolina · 1904
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- Braswell v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1959
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