Shepard v. Railroad
Supreme Court of North Carolina
ActioN by ¥m. B. Sbepard against Suffolk & Carolina Railroad Company, heard by Judge G. W. Ward and a jury, at the Fall Term, 1905, of the Superior Court of Chowan. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, C. J.
The plaintiff owned a lot of two aeres in the town of Edenton which was enclosed and used by him to pasture cows and horses. He conveyed a right of way through it to defendant railroad company who tore down the fence beyond the right of way and failed to erect a cattle guard at the entrance and exit to the lot. The plaintiff sued for damages to the fence and for failure to erect cattle guards. There was evidence that the rental value of the lot was reduced from four to three dollars per month by the failure to erect such guards. It was in evidence that the ordinances of the town forbade live…
2Cases cited2 opinions
- Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
3Cited by8 opinions
- DeBruhl v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1956
- McCotter v. BarnesSupreme Court of North Carolina · 1958
- Harris v. Southern Railway Co.Court of Appeals of North Carolina · 1990
- King Associates, LLP v. Bechtler Development Corp.Court of Appeals of North Carolina · 2006
- Brown v. Linville Railway Co.Supreme Court of North Carolina · 1917
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