Legal Opinion

Forest v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided September 18, 1912PublishedCited by 5 opinions

Appeal by defendants from Foushee, J., at March Term, 1912, of Pitt. This is a proceeding under section 4026 of the Revisal, to compel contribution to tbe maintenance of a certain artificial drain, sometimes referred to in the evidence as a ditch and at others as a canal. The drain is in some places from 3 to 5 feet wide and from 2 to 5 feet deep, and in other places'not so large. The town of Winterville and A. Gr.

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Appeal by defendants from Foushee, J., at March Term, 1912, of Pitt. This is a proceeding under section 4026 of the Revisal, to compel contribution to tbe maintenance of a certain artificial drain, sometimes referred to in the evidence as a ditch and at others as a canal. The drain is in some places from 3 to 5 feet wide and from 2 to 5 feet deep, and in other places'not so large. The town of Winterville and A. Gr. Cox are among the petitioners, and E. W. Tucker, W. L. House, and the Atlantic Coast Line Railroad Company are the defendants. The defendants filed a demurrer to the petition,…

1Opinion of the CourtAllen, J.

The statute under which this proceeding is instituted is necessary for the cultivation and improvement of lowlands, and should be construed to carry into effect its beneficent purposes, if practicable.

It provides: “After a canal bas been dug along any natural depression or waterway and maintained for seven years, it shall be prima facie evidence .of its necessity, and upon application to the clerk of the Superior Court of any landowner who contributed to digging and is interested in maintaining tbe same, it" shall be the duty of the clerk of the Superior Court to appoint and cause to be…

2Cases cited1 opinion

  1. Bishop v. SeeleySupreme Court of Connecticut · 1847

3Cited by5 opinions

  1. Woodward Governor Co. v. City of Loves ParkAppellate Court of Illinois · 1948
  2. Town of Clayton v. Colorado &. S. Ry. Co.Court of Appeals for the Tenth Circuit · 1931
  3. Shelton v. WhiteSupreme Court of North Carolina · 1913
  4. City of Alcoa v. Louisville & N. R.Tennessee Supreme Court · 1925
  5. Shelton v. . WhiteSupreme Court of North Carolina · 1913

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