Clark v. Atlantic Coast Line Railroad

This action is for tbe recovery .of alleged damage from the overflow of water from the ditches along the defendant’s track. The defendant denied negligence and that the plaintiff has been damaged, and pleaded and relied upon an agreement in bar of recovery made and entered into between the predecessors in the title of the plaintiffs, which is set out in the answer.

John L. Nelson and wife, Mary A. Nelson, instituted an action in Superior Court of Lenoir County, N. C., at January Term, 1900, against the Wilmington and Weldon Railroad Company. In their complaint in that action they alleged that…