Beach v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action, by plaintiffs, for damages to their land, caused by the construction of defendant’s road, tried before Graham, ,/., and a jury, at Septemer Term, 1895, of Pitt Superior Court.
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Civil action, by plaintiffs, for damages to their land, caused by the construction of defendant’s road, tried before Graham, ,/., and a jury, at Septemer Term, 1895, of Pitt Superior Court. B. D. Beach, for the plaintiffs, testified that he and his wife had been in the possession of the lands on Briery Swamp, described in the complaint, clearing, cultivating and residing upon them continuously since 1871. Record of division of lands of Albert Moore was introduced, in which both tracts of land described in the complaint were allotted to the feme plaintiff in 1890 did not go into possession of…
1Opinion of the Court
This action was begun in 1893. The complaint, among other things, alleges the ownership of the land, its previous proper drainage by the plaintiffs, the construction of the branch road in 1889 and the injury resulting from the diversion of the water. Paragraphs 5 and 6 are as follows:
"5. That in the construction of its road the defendant dug or caused to be dug a ditch on each side of this bed of said road, whereby a large and unusual volume of water was diverted from its natural channel and proper course and turned upon the lands and into the canal and ditches of the plaintiffs, thereby…
2Cases cited2 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
3Cited by22 opinions
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
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