Carolina, C.& O Railway Co v. Hill

89 S.E. 902 (Va. 1916)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Hill (P) owned a farm. In 1912, Carolina (D) began the construction of a railroad across the river. Carolina (D) was blasting which hurled rocks, dirt, stumps, trees and other materials upon P’s land. It destroyed vegetation, timber, grass, orchards, and tore down fences, walls, and barns. It damaged his fields, and water pump and choked his water wheel. The construction diverted rainwater so that some of P’s bottom land was washed away and stones and gravel washed in and around his mill destroying the power from the mill and diverting water away from it. At the same time, Yellow (D) used the river to float timber and built large splash dams and when an unusual freshet occurred a great number of logs floated by P’s mill contributing to the injuries. P sued and got $2,000. Carolina (D) appealed.