Parker v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civrr, ACTION, for damages, tried at Fall Term, 1895, of Bertie Superior Court, before Boyhin, J., and a jury. The complaint, after the formal parts, alleged : “ 3. That said Henry Parker for the past six years planted said land in crops of corn, peas and other products, and endeavored to cultivate crops on said land, until it was reodeied unfit for cultivation by the unlawful, negligent and wrongful act of the defendant.
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Civrr, ACTION, for damages, tried at Fall Term, 1895, of Bertie Superior Court, before Boyhin, J., and a jury. The complaint, after the formal parts, alleged : “ 3. That said Henry Parker for the past six years planted said land in crops of corn, peas and other products, and endeavored to cultivate crops on said land, until it was reodeied unfit for cultivation by the unlawful, negligent and wrongful act of the defendant. “ 4-. That the defendant, the Norfolk & Carolina Railroad Company, some time about the year 1888, negligently, wrongfully and unlawfully cut ditches along its right of way…
1Opinion of the Court
Avery, J. :
There was no error in the ruling of the court-that the plaintiff’s right of action was not barred by the Statute of Limitations. The plaintiff had no cause of action if the defendant’s ditches and drains were constructed skillfully and with a due regard for the right of the owners of adjacent lands. Adams v. Railroad, 110 N. C., 325; Ridley v. R. Co., 118 N. C., 996. It could only acquire the prescriptive right to pond water on the plaintiff’s land by subjecting itself to an action for the injury continuously for twenty years. Emery v. R. Co., 102 N. C., 209, at p. 232 ; Sherlook,…
2Cases cited10 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Stokes v. . TaylorSupreme Court of North Carolina · 1889
- Sherlock v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1888
- Jenkins v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Donovan v. McDevittMontana Supreme Court · 1907
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
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