Legal Opinion

Staton v. Norfolk & Carolina Railroad

Supreme Court of North Carolina

Decided September 5, 1892PublishedCited by 24 opinions

This was a civil ACTION, tried by Brown, T, at the May Term, 1892, of Halifax Superior Court. The suit was for damages for flooding land. There was a verdict and judgment for plaintiff. Defendant appealed. The material facts may be gathered from the opinion of the Court.

1Opinion of the Court

Shepherd, C. J.:

In the case of Jenkins v. Railroad Co., 110 N. C., 438, we had occasion to say, in respect to the drainage and diversion of surface-water, that “a railroad company enjoys the same privileges as any other landowner, but no greater, to be exercised under the same restrictions and qualifications,” and that it “has a right to cut ditches (on its right-of-way) and conduct the surface-water into a natural watercourse passing through its land, and if this right is exercised in good faith, and in a reasonable manner, for the better adaptation of the land to lawful and proper uses, no…

2Cases cited19 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  3. Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
  4. Nevins v. City of PeoriaIllinois Supreme Court · 1866
  5. Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870

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3Cited by24 opinions

  1. State Ex Rel. Oliver Cadillac Co. v. ChristopherSupreme Court of Missouri · 1927
  2. Hyde v. M., D. & P. Ry. Co.South Dakota Supreme Court · 1912
  3. Renninger v. StateIdaho Supreme Court · 1950
  4. Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
  5. Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902

19 more not listed; retrieve them via the Exa API.

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