Owenby v. Louisville & Nashville Railroad
Supreme Court of North Carolina
Appeal by defendants from Ferguson, J., at November Term, 1913, of Cherokee.
1Opinion of the CourtClaeK, C. J.
The plaintiffs Carrie Owenby and husband and ~W. H. Anderson brought an action against the defendant, 20 July, 1909, alleging that the defendant in replacing a trestle across the creek which ran through their property, in November, 1906, negligently and willfully caused several car-loads of rock to be thrown in the bed of said creek, extending entirely across the same, thus making a dam, on top of which they erected a trestle for their track, with the result that the damming up of the creek deflected the water and caused it to flow over their land, whereby it was washed, covered with debris…
2Cases cited1 opinion
- Willey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887
3Cited by2 opinions
- In Re BaileySupreme Court of North Carolina · 1920
- Sims v. Virginia Homes Manufacturing Corp.Court of Appeals of North Carolina · 1977