Nichols v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civiu actioN, begun January 10, 1894, tried before Robinson, Jand a jury, at Fall Term, 1896, of Beetie Superior Court. Tbe case bad been formerly beard at Spring Term, 1896, b¿ Grabam, Judge, and a jury, upon these issues: 1. Has tbe land of tbe plaintiff been damaged by tbe negligent and unskillful construction of tbe defendant’s roadbed and ditches? Answer: Yes. 2. "What amount of damages has tbe plaintiff suffered, if any? Answer: $500. Tbe court (Judge Grabam) set aside…
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Civiu actioN, begun January 10, 1894, tried before Robinson, Jand a jury, at Fall Term, 1896, of Beetie Superior Court. Tbe case bad been formerly beard at Spring Term, 1896, b¿ Grabam, Judge, and a jury, upon these issues: 1. Has tbe land of tbe plaintiff been damaged by tbe negligent and unskillful construction of tbe defendant’s roadbed and ditches? Answer: Yes. 2. "What amount of damages has tbe plaintiff suffered, if any? Answer: $500. Tbe court (Judge Grabam) set aside tbe issue as to damages, and this issue alone was tried before Judge Robinson at this term. Tbe plaintiff introduced…
1Opinion of the Court
ClabK, J.:
The allegation in the complaint that the fertility of the plaintiff’s land vras almost wholly destroyed, and thereby rendered unfit for agricultural purposes, was notice to the defendant that the action was for permanent dam ages (Parker v. Railroad, 119 N. C., 677, and cases there cited), and the defendant’s prayer for instruction was also básed upon such being the nature of the action. The court, therefore, properly refused to charge, as prayed, and instructed the jury that the action would be barred only by the lapse of twenty years. This was held in Parker v. Railroad, supra,…
2Cases cited1 opinion
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
3Cited by14 opinions
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- Narron v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1898
- State ex rel. White v. DickersonNevada Supreme Court · 1910
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