Jenkins v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
This was a civil action for damages alleged to have been caused the plaintiff’s land's and crops by reason of the diversion of water upon his lands by the defendant company in the construction of its road- from Scotland Neck to Green-ville, as set out in the complaint, tried at the December Term, 1891, of Martin Superior Court.
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This was a civil action for damages alleged to have been caused the plaintiff’s land's and crops by reason of the diversion of water upon his lands by the defendant company in the construction of its road- from Scotland Neck to Green-ville, as set out in the complaint, tried at the December Term, 1891, of Martin Superior Court. When the case was called for trial the defendant made objection to H. T. Brown, a juror, and alleged for cause that the said juror was on the prosecution bond of one Everett in an action against the defendant for flooding said Everett’s land, lying on the sainé streaiü…
1Opinion of the Court
MERRIMON, C. J., concurring in part and dissenting from part of the opinion of the Court. When the case was called for trial the defendant made objection to H. T. Brown, a juror, and alleged for cause that the said juror was on the prosecution bond of one Everett in an action against the defendant for flooding said Everett's land, lying on the same stream as plaintiff's land, and damaged by the same acts as that alleged by the plaintiff in this action.
Cause disallowed, and defendant excepted.
It also appeared that said juror was related to said Everett. Defendant (439) assigned said…
2Cases cited5 opinions
- Cluverius v. CommonwealthSupreme Court of Virginia · 1886
- Goodale v. . TuttleNew York Court of Appeals · 1864
- Waffle v. . New York Central R.R. Co.New York Court of Appeals · 1873
- Dupree v. . Virginia Home Insurance Co.Supreme Court of North Carolina · 1885
- State Ex Rel. Drake v. ConnellySupreme Court of North Carolina · 1890
3Cited by18 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Norfolk & Western R. v. CarterSupreme Court of Virginia · 1895
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- State v. . StewartSupreme Court of North Carolina · 1925
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892
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