Harrell v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civil action to recover permanent damages for injury to plaintiff’s land by the construction of defendant’s railroad tried before Brown, J., and a jury at Fall Term, 1894, of G-ates Superior Court. The facts sufficiently appear in the opinion. There was judgment for the plaintiff and defendant appealed.
1Opinion of the Court
Faircloth, 0. J.:
This action, begun September 26, 1894, is brought to recover damages by reason of defendant’s construction of its road across plaintiff’s land, and thereby backing water and sobbing his cleared land. The road was completed in 1889 the defendant urges that “all the injury” resulted simultaneously with the completion of its road, and that being so, the Statute of Limitations began to run from that time, and its .only exception is that his Honor refused to so charge the jury.
The evidence is that the land has beeh all the time and still is sobbed with back-water. This question…
2Cases cited1 opinion
- Nichols v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1897
3Cited by2 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1899
- Valleytown TP. v. Women's Catholic Order of ForestersCourt of Appeals for the Fourth Circuit · 1940