Ward v. Albemarle & Raleigh Railroad
Supreme Court of North Carolina
Civil actiox, tried before Bryan,and a jury, at March Term, 1892, of Pitt Superior Court, for damages alleged to have been sustained by the diversion of water on plaintiffs’ land by the negligent construction of defendant company’s road-bed.
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Civil actiox, tried before Bryan,and a jury, at March Term, 1892, of Pitt Superior Court, for damages alleged to have been sustained by the diversion of water on plaintiffs’ land by the negligent construction of defendant company’s road-bed. Plaintiff J. L. Ward testified as follows in reference to the water-courses on his land, and the ponding of the water thereon by the embankment constructed by defendant, and the damages resulting therefrom: “ Live in Bethel, Pitt county, on north side of Albemarle & Raleigh Railroad Company runs through my farm; it was completed in 1882. My drain-wav was…
1Opinion of the Court
MaoRae, J.:
“The defendant excepts to the issues as submitted and to the refusal of his Honor to submit the issue tendered by the defendant.” The only issue tendered by the defendant which appears in the case is, “Was the water diverted by the defendant, if any, rain or surface-water?” The sixth issue, which,was withdrawn when the plaintiff took a nonsuit upon his third cause of action, was, “Did the defendant company negligently divert surface- ■water and turn the same upon plaintiffs’ land?” The plaintiffs had abandoned all claim for damages by reason of the 'diversion and direction of…
2Cases cited7 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- State v. . RoweSupreme Court of North Carolina · 1887
- Hopkins v. . BowersSupreme Court of North Carolina · 1892
- Powell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1873
- State Ex Rel. Merrell v. WhitmireSupreme Court of North Carolina · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Craddock v. BarnesSupreme Court of North Carolina · 1906
- Hanks v. Norfolk & Western R. R.Supreme Court of North Carolina · 1949