State v. . Parrott
Supreme Court of North Carolina
INDICTMENT for a trespass in tearing down a portion of a Kailroad bridge, tried before Clarice, J., at the Spring Term, 1874, of Lenoie Superior Court.
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INDICTMENT for a trespass in tearing down a portion of a Kailroad bridge, tried before Clarice, J., at the Spring Term, 1874, of Lenoie Superior Court. On the trial in the Court below, the jury found the following special verdict: “ That the track of the Atlantic & N. C. Kailroad Co., which company had been duly incorporated and organized under the laws of North Carolina, crossed the Neuse river a few miles below the town of Kinston, in the county of Lenoir, the said river being there a navigable stream. That at said place of crossing, and as a part of its track, the said company had erected…
1Opinion of the CourtReade, J.
The Neuse at the place under consideration is a navigable river. Any obstruction of a navigable river is a common or public nuisance. A common or public nuisance may be abated by any person who is annoyed thereby. The railroad bridge across the Neuse obstructed the navigation thereof by the defendants’ steamboat, and for that reason the defendants tore it down. It follows that the defendants are not guilty. It is not necessary to display the learning and decisions in support of these positions, although we have fully considered them, because they may be found collected in a well considered…
2Cited by7 opinions
- State v. Narrows Island Club.Supreme Court of North Carolina · 1888
- State v. . GodwinSupreme Court of North Carolina · 1907
- State v. Baum.Supreme Court of North Carolina · 1901
- State v. FlannaganIndiana Supreme Court · 1879
- Wolfe v. . PearsonSupreme Court of North Carolina · 1894
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