Harris v. Norfolk & Western Railway Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at the August Term, 1910, of PERSON. This is an action brought by plaintiff, the owner of a water mill on a running stream, to recover damages of the defendant railway company for consumption of water taken from plaintiffs pond to supply defendant’s locomotives with water in the necessary operation of defendant’s trains which are operated along and upon defendant’s railroad track and right of way, which crosses said stream above the plaintiff’s dam.
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Appeal from Lyon, J., at the August Term, 1910, of PERSON. This is an action brought by plaintiff, the owner of a water mill on a running stream, to recover damages of the defendant railway company for consumption of water taken from plaintiffs pond to supply defendant’s locomotives with water in the necessary operation of defendant’s trains which are operated along and upon defendant’s railroad track and right of way, which crosses said stream above the plaintiff’s dam. These issues were submitted: 1. Is the plaintiff the owner in fee of the land mentioned and described in the complaint; if…
1Opinion of the Court
Brown, L.
The evidence discloses that the plaintiff is the owner of a tract of land, known as Burton’s old mill, situated on Flat River, upon which plaintiff has a water mill. The mill gets its flowage of water from both the north and south forks of Flat River. It is two miles by the river from the mill tract to the defendant’s bridge across the south fork. The north fork and south fork come together between the mill and the bridge. Defendant has a water tank at its bridge across south fork, from which it supplies its engines with water pumped from the stream.
It is claimed by tie plaintiff…
2Cases cited4 opinions
- Wadsworth v. TillotsonSupreme Court of Connecticut · 1843
- Garwood v. N. Y. Central & Hudson R. R. R. Co.New York Court of Appeals · 1881
- Fay v. Salem & Danvers Aqueduct Co.Massachusetts Supreme Judicial Court · 1872
- George v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
3Cited by9 opinions
- Stratton v. Mount Hermon Boys' SchoolMassachusetts Supreme Judicial Court · 1913
- Martin v. BurrTexas Supreme Court · 1921
- Cook v. Town of MebaneSupreme Court of North Carolina · 1926
- Dunlap v. Carolina Power & Light Co.Supreme Court of North Carolina · 1938
- Smith v. Town of MorgantonSupreme Court of North Carolina · 1924
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