NORFOLK SOUTHERN RY. CO. v. SMITH

No. COA04-404.

611 S.E.2d 427 (2005)

NORFOLK SOUTHERN RAILWAY COMPANY, Plaintiff, v. Wayne SMITH, Defendant.

Court of Appeals of North Carolina.

April 19, 2005.


Attorney(s) appearing for the Case

Adams Hendon Carson Crow & Saenger, P.A., by E. Thomison Holman, Asheville, for plaintiff-appellee.

McLean Law Firm, P.A., by Russell L. McLean, III, Waynesville, for defendant-appellant.


MARTIN, Chief Judge.

Defendant-appellant bought adjoining parcels of land in Jackson County in 1995 and 1996. Plaintiff-appellee's railroad bisects the two parcels. In February of 2002, plaintiff brought this action alleging that defendant was performing construction work close to the tracks, including grading work and excavation on the land adjacent to the tracks, which could threaten the structural integrity of the roadbed...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases