Dale v. Southern Railway Co.
Supreme Court of North Carolina
Action by M. L. Dale against the Southern Railway Company and others, heard by Judge W. A. Hoke and a jury, at October Term, 1902, of the Superior Court of Burke County. From a judgment for the plaintiff, the defendants appealed.
1Opinion of the CourtDouglas, J.
This was an action for damages to bis leasehold alleged to have been sustained by the plaintiff on account of a trespass committed by the defendant in filling up a ditch while engaged in changing the grade of its roadbed near Silver Creek, in Burke County. This ditch or branch was a natural water course. The action was instituted on March 3, 1902, by the plaintiff, who alleged that he was a tenant in possession of the land under a lease for a term of two years from and after January 1, 1902, and that by reason of the obstruction of a ditch by the defendant in the winter of 1901 and 1902, the…
2Cases cited5 opinions
- Beach v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1897
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902
- Lassiter v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1900
- Rice v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1902
- Williams v. Drummond Water & Canal Co.Supreme Court of North Carolina · 1902
3Cited by1 opinion
- Nichols v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1949