Jones v. Kramer.
Supreme Court of North Carolina
ActioN by T.' B. Jones and others against Kramer Bros. & Company and others, heard by Judge Frederick Moore and a jury, at November Term, 1902, of the Superior Court of Hyde County. From a judgment for plaintiffs the defendants appealed.
1Opinion of the Court
Clare, O. J.
The features of this case are very much those of Shaw v. Etheridge, 48 N. C., 300, and Hair v. Downing, 96 N. C., 172. David M. Carter owned a large body of land in Hyde County, through which he cut a canal for drainage purposes, two or three miles long, ten or twelve feet wide and varying from two to seven or eight feet deep, to Alligator River. In 1867 he sold the upper or dominant part to the plaintiffs’ ancestor, from whom it passed to the plaintiffs. The lower or servient part afterwards became the property of the defendants’ grantors. In 1899 the canal was cleaned out and…
2Cases cited5 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902
- Burnett v. . NicholsonSupreme Court of North Carolina · 1882
- Hair v. . DowningSupreme Court of North Carolina · 1887
- Shaw v. . EtheridgeSupreme Court of North Carolina · 1856
3Cited by5 opinions
- Midgett v. North Carolina State Highway CommissionSupreme Court of North Carolina · 1963
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Lumber Co. v. Lumber Co.Supreme Court of North Carolina · 1906
- Oates v. Algodon Manufacturing Co.Supreme Court of North Carolina · 1940
- Mast v. Sapp.Supreme Court of North Carolina · 1906