Carolina, Clinchfield & Ohio Railroad v. Mullins

Plaintiff,, Harold Mullins, filed a motion for judgment against Carolina, Clinchfield and Ohio Railroad Company [Railroad] to recover damages for-property lost and damag-ed in the March 12, 1963 flood of the McClure River. In his motion, Mullins alleged that Railroad “by its own acts, and through its agents, servants and *208employees wrongfully and negligently built or caused to be built a certain trestle * # *, in such a manner as to cause the McClure River to be blocked and obstructed, and to cause said river to flood and overflow its banks, as a result of which,” its waters “backed up into”…