Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh Railroad
Supreme Court of North Carolina
Civil aotioN to recover damages from the defendant for tbe obstruction of the passage of plaintiff’s boat by defendant’s bridge across Tar Biver, Tarboro, tried before Mclver, Judge, and a jury, at June Term, 1895, of Edgecombe Superior Court.
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Civil aotioN to recover damages from the defendant for tbe obstruction of the passage of plaintiff’s boat by defendant’s bridge across Tar Biver, Tarboro, tried before Mclver, Judge, and a jury, at June Term, 1895, of Edgecombe Superior Court. The complaint after alleging that plaintiff corporation is the owner of a boat called the Beta duly authorized and licensed to navigate Tar Niver, a navigable stream from the town of Tarboro up to Shiloh, the place of business of the plaintiff, alleged as follows : “5. That the defendant constructed across said river at and near the town of Tarboro a…
1Opinion of the Court
Avery, J.:
The most interesting question presented by this appeal is whether the plaintiff in any aspect of the evidence has shown such special damage as would entitle him to redress by civil action for a public nuisance.
The law provides an adequate remedy for the wrong to the public and thereby prevents a multiplicity of vexatious private actions. But in order to the maintenance of a civil action by an individual, in addition to the indictment by the State, it is not made incumbent on him to show an injury from which he is the sole or even a peculiar sufferer. The damage recoverable in a…
2Cases cited4 opinions
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
- Downs v. City of High PointSupreme Court of North Carolina · 1894
- Commissioners of Burke County v. Catawba Lumber Co.Supreme Court of North Carolina · 1895
- Burrows v. PixleySupreme Court of Connecticut · 1792
3Cited by25 opinions
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Hampton v. North Carolina Pulp Co.Supreme Court of North Carolina · 1943
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Tise v. . Whitaker-Harvey Co.Supreme Court of North Carolina · 1907
- State v. Baum.Supreme Court of North Carolina · 1901
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