Caldwell v. Morganton Manufacturing Co.
Supreme Court of North Carolina
Civil ACTION for trespass tried before Robinson, J., and a jury at June, 1897, (Special) Term of Burke Superior Court. There was judgment for the jdaintiff and defendant appealed.
1Opinion of the Court
MONTGOMERY, J.:
This action was commenced to recover damages for an alleged trespass by the defendant company upon the lands of the plaintiff, the trespass in the language of the complaint being “for the entering upon and breaking of his close by defendant, the digging up of his land, and the building of a dam thereon for the purpose of running water across the land to be used by defendant in operating a brick-yard.” The defendant denied the injury and trespass, and claimed to be tlie absolute owner of the easement in the land conveyed by Walton to the Asylum.
On the 15th of March, 1886, T. G.…
2Cases cited1 opinion
- Clayton v. . CagleSupreme Court of North Carolina · 1887
3Cited by4 opinions
- Haas v. RendlemanCourt of Appeals for the Fourth Circuit · 1933
- J. PERRY JONES REALTY, INCORPORATED v. McLambCourt of Appeals of North Carolina · 1974
- Armstrong v. Home Service StoresSupreme Court of North Carolina · 1932
- Investors Corp. of South Carolina v. Field Financial Corp.Court of Appeals of North Carolina · 1969