Davenport v. Norfolk & Southern & Suffolk & Carolina Railroad Companies
Supreme Court of North Carolina
Actiobt to recover damages for alleged negligent construction of the roadbed of defendant companies, tried before Cooke, J., and a jury, at Spring Term, 1908, of Tybbell.
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Actiobt to recover damages for alleged negligent construction of the roadbed of defendant companies, tried before Cooke, J., and a jury, at Spring Term, 1908, of Tybbell. There was evidence tending to show that defendant companies, having condemned a right of way, proceeded to construct their roadbed through the lands of plaintiff, and that such roadbed crossed a number of lead ditches made by plaintiff for the proper drainage of his lands, and also a number of tap ditches conveying the water of said land to the lead ditches at various points below the defendants’ roadbed; that defendants…
1Opinion of the Court
Hoice, J.,
after stating tbe case: In Mullen v. Canal Co., 130 N. C., 496, a case concerning chiefly the rights acquired by condemnation proceedings, Douglas, J., delivering the opinion of the Court, on page 503, said: “It is well settled that no damages are contemplated in the original condemnation, except such as necessarily arise in the proper construction of the work.” And in Adams v. Railroad, 110 N. C., 325, Mr. Justice Avery, in declaring the same doctrine, page 330, said: “Whether an easement passed by private sale or condemnation, the estimate of its value is presumed to be made in…
2Cases cited18 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Porter v. DurhamSupreme Court of North Carolina · 1876
- Hosher v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Morrisett v. Elizabeth City Cotton MillsSupreme Court of North Carolina · 1909
- Keith v. GreggSupreme Court of North Carolina · 1936
- Snow Lumber Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Simons v. GeorgiadeCourt of Appeals of North Carolina · 1982
2 more not listed; retrieve them via the Exa API.