Yowmans v. City of Hendersonville
Supreme Court of North Carolina
ActioN, tried before Lane, J., and a jury, at Spring Term, 1917, of Henderson. The action was to recover damages to plaintiff’s bouse and lot abutting on Fourth Avenue in Hendersonville, N. 0., claimed to have been caused by wrongfully diverting water upon the same by defendants, engaged in grading and paving the streets of the town.
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ActioN, tried before Lane, J., and a jury, at Spring Term, 1917, of Henderson. The action was to recover damages to plaintiff’s bouse and lot abutting on Fourth Avenue in Hendersonville, N. 0., claimed to have been caused by wrongfully diverting water upon the same by defendants, engaged in grading and paving the streets of the town. There were also allegations with supporting evidence, on the part of plaintiff, that defendant in such work had wrongfully and negligently concentrated the surplus water of the streets and thrown same upon plaintiff’s lot, causing damage to the lot and the house…
1Opinion of the CourtHoke, J.
There were facts in evidence on the part of plaintiff tending to show that she owned and occupied a residence lot in the city of Hendersonville, N. 0., abutting on Fourth Avenue, the western half of what was formerly the auditorium lot, and before the acts complained of the natural flow of surface water in that vicinity was across the rear of the lot from east towards the southwest corner of same; that, professing to act under powers conferred by legislative charter, the authorities of the town at different times had so graded Fourth Avenue, and later graded and paved this and other…
2Cases cited20 opinions
- City of Evansville v. DeckerIndiana Supreme Court · 1882
- Chalkley v. City of RichmondSupreme Court of Virginia · 1891
- Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
- Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
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- Monger v. . LutterlohSupreme Court of North Carolina · 1928
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