Willis v. . White
Supreme Court of North Carolina
ActioN tried before 0. II. Allen, J., and a jury, at October Term, 1908, of Chayen. Tbe testimony discloses tbe following case: Plaintiff, a feme .covert, being tbe owner of a tract of land described in tbe complaint, conveyed to tbe Norfolk and' Southern Railway Company a right of way over said land upon which to construct a roadbed and track for its use as a common carrier.
Read the full summary
ActioN tried before 0. II. Allen, J., and a jury, at October Term, 1908, of Chayen. Tbe testimony discloses tbe following case: Plaintiff, a feme .covert, being tbe owner of a tract of land described in tbe complaint, conveyed to tbe Norfolk and' Southern Railway Company a right of way over said land upon which to construct a roadbed and track for its use as a common carrier. Tbe engineers of tbe railroad company made a plan containing specifications for tbe construction of tbe roadbed, drainpipes, etc. Tbe defendant contracted with tbe railroad company to construct tbe roadbed, track, etc.,…
1Opinion of the CourtConnor, J.
We concur with, his Honor’s view in regard to the measure of duty which the railroad company owed to the plaintiff in constructing its roadbed and track over her land. We further concur with him in the opinion that when defendant contractor entered upon the land for the purpose of constructing the roadbed and track, pursuant to the plans and specifications made by the engineers, it came under a legal liability‘to use all reasonable efforts to protect.plaintiff’s land and the crops growing thereupon from damage, and for negligent failure to meet this standard of duty both the railroad and…
2Cases cited5 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Staton v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1892
- Beasley v. Aberdeen & Rockfish RailroadSupreme Court of North Carolina · 1908
- Edwards v. TandyCourt of Appeals of Kentucky · 1879
3Cited by4 opinions
- Price v. Johnston Cotton Co. of WendellSupreme Court of North Carolina · 1946
- Romano v. ROSSANO CONSTRUCTION CO. INC.Massachusetts Supreme Judicial Court · 1961
- Thrift v. Food Lion, Inc.Court of Appeals of North Carolina · 1993
- Thrift v. Food Lion, Inc.Court of Appeals of North Carolina · 1993