Ridley v. Seaboard & Roanoke Railroad
Supreme Court of North Carolina
Civil. Action to recover damages for alleged injury to tbe land and crops of plaintiff, caused by ponding of water by defendant’s road-bed and bridge, tried before Norwood, J., at Eall Term, 1898, of Noethampton Superior Court. De-fence: General denial and statute of limitations. Dependant's Appeal.
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Civil. Action to recover damages for alleged injury to tbe land and crops of plaintiff, caused by ponding of water by defendant’s road-bed and bridge, tried before Norwood, J., at Eall Term, 1898, of Noethampton Superior Court. De-fence: General denial and statute of limitations. Dependant's Appeal. It was admitted in open Court: 1. That this action was begun on March 26, 1892. 2. That the bridge and embankments were completed in 1881. 3. That the first injury alleged to be sustained by the plaintiff occurred in May or June, 1888, caused, as tbe plaintiff contends, by bridge and embankments,…
1Opinion of the CourtClark, J.
The Court submitted issues both as to the damages to the crops for three years preceding the beginning of the action, and as to permanent damages, i. e. damages to the corpus. The recovery of these last will, oi course, be a bar to future actions for injury to the crops. The defendant excepted to the submission of an issue as to past damages. The identical point was presented and decided in this same case on a former appeal (118 N. C., 996,), where it is said, (p. 1009) “And either party. . . .may demand that both present and prospective damage may be assessed.” This might be done by a single…
2Cases cited5 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Culbreth v. . DowningSupreme Court of North Carolina · 1897
- Nichols v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1897
- Harrell v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1898
3Cited by2 opinions
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
- Campbell v. Raleigh & Charleston RailroadSupreme Court of North Carolina · 1912