Legal Opinion

Brown v. Carolina Central Railway Co.

Supreme Court of North Carolina

Decided June 5, 1880PublishedCited by 9 opinions

Civil Action removed from Cleaveland and tried at Pall Term, 1879, of Lincoln Superior Court, before Buxton, J. The plaintiff alleges that the Wilmington, Charlotte and Rutherford railroad company (now the Carolina Central) by the unskilful construction of a trestle and falling in of a culvert across Muddy Fork creek, just below his lands situate on both sides of the' creek, caused an obstruction to the natural flow of the water in said creek, whereby it was thrown back and…

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Civil Action removed from Cleaveland and tried at Pall Term, 1879, of Lincoln Superior Court, before Buxton, J. The plaintiff alleges that the Wilmington, Charlotte and Rutherford railroad company (now the Carolina Central) by the unskilful construction of a trestle and falling in of a culvert across Muddy Fork creek, just below his lands situate on both sides of the' creek, caused an obstruction to the natural flow of the water in said creek, whereby it was thrown back and ponded on his land, and the -same was rendered unfit for cultivation; that defendant company thereafter, to wit, in…

1Opinion of the CourtDillard, J.

In Raleigh & Augusta Air-Line v. Wicker, 74 N. C., 220, it is decided that in cases of ponding.water by a railroad by obstructing a natural or artificial drain-way, the-injury is not one taken into the estimate in measuring compensation to a land owner,' and therefore the company in constructing its road must leave a space sufficient for the-passage of the water without injurious obstruction; or in. default thereof it will be answerable in damages by a repetition of suits, until the obstruction is removed, or - in a. proper case it may be abated by the corrective powers of a court of equity.

So…

2Cases cited3 opinions

  1. Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
  2. Hyatt v. . MyersSupreme Court of North Carolina · 1874
  3. Skinner v. . MaxwellSupreme Court of North Carolina · 1873

3Cited by9 opinions

  1. Lux v. HagginCalifornia Supreme Court · 1886
  2. Lux v. HagginCalifornia Supreme Court · 1886
  3. Railroad v. Land Co.Supreme Court of North Carolina · 1904
  4. Webb v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1916
  5. Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902

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