Asheville Const. Co. v. Southern Ry. Co.

PARKER, Circuit Judge.

This was an action at law, instituted by the Southern Railway Company, hereinafter called the plaintiff, against the board of highway commissioners of Forney’s Creek road district, the Ashe-ville Construction Company, and H. A. Wells, to recover damages caused by blasting operations carried on in the construction of a public highway. By consent of the parties in writing, a jury trial was waived, and the ease referred in accordance with the North Carolina practice. The referee heard the evidence, and reported to the court his findings of fact and conclusions of law. The…