Knight v. Albemarle & Raleigh Railroad
Supreme Court of North Carolina
Civil action, tried at Edgecombe Superior Court, Spring Term, 1892, Brown, J., presiding, to recover damages from flooding land. The plaintiff testified in substance: The lands lie right on Conetoe creek, and are known as the “ Hopkins place.”
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Civil action, tried at Edgecombe Superior Court, Spring Term, 1892, Brown, J., presiding, to recover damages from flooding land. The plaintiff testified in substance: The lands lie right on Conetoe creek, and are known as the “ Hopkins place.” I have known Conetoe creek since 1872. The railroad embankment was originally constructed in 1869; a portion of it washed away immediately after it was built, and it was rebuilt in 1882. The creek at the railroad is seven hundred and twenty yards wide; the average height of the railroad embankment across it is about four and one-half feet, in some…
1Opinion of the Court
Shepherd, J.:
“It is the duty of a railroad company, in constructing its road-bed, to leave á space sufficient for the discharge of the water through its accustomed drain-way, whether natural or artificial. If it fails to do so, any owner whose land is injured, whether he be one, a part of whose land is taken for the road or not, may compel the company to discharge its duty by opening the drain to its previous capacity.” Railroad v. Wicker, 74 N. C., 220. This duty is a continuing one (Brown v. Railroad, 83 N. C., 128), and the space to be kept open must be sufficient “to carry off the water…
2Cases cited6 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Emry v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Roberts v. . ColeSupreme Court of North Carolina · 1880
- Brown v. Carolina Central Railway Co.Supreme Court of North Carolina · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Railroad v. Land Co.Supreme Court of North Carolina · 1904
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902