Fleming v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil action, tried before Hoke, J., and a jury, at December Term, 1893, of Pitt Superior Court. The plaintiffs alleged that they were the owners of a tract of land through which the Scotland Neck and Greenville branch of the defendant the Wilmington and Weldon Railroad Company’s road was constructed, and that they, the plaintiffs, before the construction of said branch road, had, by means of various ample and sufficient ditches leading into the canal belonging to the Great…
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Civil action, tried before Hoke, J., and a jury, at December Term, 1893, of Pitt Superior Court. The plaintiffs alleged that they were the owners of a tract of land through which the Scotland Neck and Greenville branch of the defendant the Wilmington and Weldon Railroad Company’s road was constructed, and that they, the plaintiffs, before the construction of said branch road, had, by means of various ample and sufficient ditches leading into the canal belonging to the Great Swamp Canal Company, said canal aiding largely in said drainage, carried the waters into Tar River, a natural…
1Opinion of the Court
Avery, J.:
The rule adopted by this Court restricts the trial Judge in settling the issues to those raised by the pleadings, but does not require him to frame an issue involving the truth of every fact alleged on the one side and denied on the other. When those submitted are raised by the pleadings, and with the findings upon them form a sufficient basis for the Court to proceed to judgment, no exception to them is available to either of the parties, unless it can be made to appear that there was some view of the law arising out of the testimony which the party appealing was precluded from…
2Cases cited3 opinions
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1891
- Alexander v. . DavisSupreme Court of North Carolina · 1889
3Cited by16 opinions
- Tucker v. . SatterthwaiteSupreme Court of North Carolina · 1897
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Craft v. Albemarle Timber Co.Supreme Court of North Carolina · 1903
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
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