Hocutt v. Wilmington & Weldon R. R.
Supreme Court of North Carolina
Civil ActioN to recover damages for flooding plantiffs’ land, and thereby injuring both crops and land, tried before Adams, J., at Spring Term, 1898, of ReNdeh Superior Court. The action was commenced on August 30, 1895, by W. B. Hocutt, intestate of plaintiffs. At the instance of the defendant, an issue was submitted as to permanent damages, and in this Court, upon motion of defendant, the heirs were made parties.
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Civil ActioN to recover damages for flooding plantiffs’ land, and thereby injuring both crops and land, tried before Adams, J., at Spring Term, 1898, of ReNdeh Superior Court. The action was commenced on August 30, 1895, by W. B. Hocutt, intestate of plaintiffs. At the instance of the defendant, an issue was submitted as to permanent damages, and in this Court, upon motion of defendant, the heirs were made parties. The answer denied any liability and pleaded the statute of limitations. It was in evidence that the ditches, cut by defendant to drain its road-bed, conducted the water to a…
1Opinion of the CourtDouglas, J.
This is an action brought to recover dam ages arising from tlie floodings of land, caused, as alleged, by the unlawful diversion of water through the defendant’s ditches. The action was originally brought by W. B. Hocutt, the owner of the land, who dies during its pendency. Thereupon J. D. ITocutt and E. McLendon, administrators of W. B. Hocutt, were made plaintiffs.
Before the call of the case the plaintiffs moved in this Court to make the minor heirs of W. B. Hocutt parties plaintiff through their general guardian, J. D. Hocutt. This motion was proper, and was granted. After it was’ granted,…
2Cases cited11 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Beach v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1897
- Jenkins v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- Silver Valley Mining Co. v. Baltimore Gold & Silver Mining & Smelting Co.Supreme Court of North Carolina · 1888
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