Bruton v. Carolina Power & Light Co.

While the complaint does not undertake to state two separate and distinct causes of action, it, in fact, alleges two causes of action and was so interpreted and treated by the court below.

The first cause of action alleges the wrongful use of the water of the Yadkin Eiver by the defendant, an upper riparian owner, which deprives the plaintiffs of their right to the natural and uninterrupted flow of the stream and which has caused the erosion and washing away of the plaintiffs’ land — a continuing wrong which .amounts to a taking of plaintiffs’ land or 'substantial interest therein.

As to this…