Clark v. Atlantic Coast Line Railroad

Pee CueiaM.

This action was before this Court at Fall Term, 1926, when a new trial was granted on defendant’s appeal. Clark v. R. R., 192 N. C., 280. It was said in that action, at page 284, speaking in reference to the agreement set up by defendant in bar of recovery. “The proviso requires the ditches now in use to be kept open as agreed upon on the right of way. Defendant pleads the paper-writing as a defense and relies on it, and claims the benefit under it, and consequently must be responsible for the burdens and keep the ditches on the right of way open as agreed upon. Plaintiffs have a…