Payne v. Whiting

Deen, Presiding Judge.

1. Whiting sued the defendant builders alleging that they were the upper and he the lower riparian owners of a nonnavigable stream common to both properties; that the defendants in constructing a subdivision negligently graded and cleared their land so as to allow surface waters to concentrate and flow onto his property in an unnatural manner, depositing large amounts of sediment in his pond. Upon proof of these facts, and that they resulted from the defendants’ negligence, the plaintiff would be entitled to recover any damages proved. Code § 105-1407, and see Code §…