Greenwood v. Southern Railway Co.
Supreme Court of North Carolina
Civil aotioN for damages to land by water, tried before Ward, J., and a jury, at the November Term, 1906, of the Superior Court of Sueby County. Action for damages to the bottom lands of the plaintiff by water overflowing the track of the defendant and pond-ing thereon.
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Civil aotioN for damages to land by water, tried before Ward, J., and a jury, at the November Term, 1906, of the Superior Court of Sueby County. Action for damages to the bottom lands of the plaintiff by water overflowing the track of the defendant and pond-ing thereon. The allegations of negligence are that the defendant had negligently permitted and allowed the ditch on its right-of-way on the north side of the track, where it passed over the plaintiff’s land, to remain filled up and unopened, and the ditch was necessary to divert and carry off the water flowing onto'the right-of-way; that…
1Opinion of the Court
Clark, C. J.,
after stating the case: The exceptions are to the charge only. His Honor erred in instructing the jury that “the defendant owed to the plaintiff the duty to provide side ditches sufficient to collect and carry off all surface water that came down from the land above in its natural flow,” and was responsible for any damages the plaintiff sustained by reason of the defendant’s ditches being insufficient to carry off the water coming down from above in its natural flow, and refused to charge, as requested, that it did not owe such duty to the plaintiff.
It is settled that the lower…
2Cases cited1 opinion
- Porter v. DurhamSupreme Court of North Carolina · 1876
3Cited by1 opinion
- Brown v. Southern Railway Co.Supreme Court of North Carolina · 1914