Pugh v. . Wheeler
Supreme Court of North Carolina
This was a petition, filed under the act of 1809, (Rev. ch. 773,) for damages, which the plaintiffs alleged that they had sustained, by the erection of a mill and dam by the defendants. The suit was instituted on the 29th day of October, 1832, in the County Court of Guilford, from which it was carried by appeal, to the Superior Court, where it was tried, at bar, on the Fall Circuit of 1835, before his Honor Judge Norwood.
Read the full summary
This was a petition, filed under the act of 1809, (Rev. ch. 773,) for damages, which the plaintiffs alleged that they had sustained, by the erection of a mill and dam by the defendants. The suit was instituted on the 29th day of October, 1832, in the County Court of Guilford, from which it was carried by appeal, to the Superior Court, where it was tried, at bar, on the Fall Circuit of 1835, before his Honor Judge Norwood. From the case made by the pleadings and evidence, it appeared, that the plaintiffs were the owners of a tract of land, situate on both sides of Deep river, in the county of…
1Opinion of the Court
Ruffin, Chief Justice,
after stating the case, as above, proceeded: — The point principally insisted on for the defendants is, that the plaintiffs could not recover for the injury to their new machinery. It has not been denied here, that a party cannot obstruct a stream below, so as to prevent the water from escaping, as it naturally would, and thereby pour it back upon the land or mill of another, simply, because those consequences do not exist at all times, ordinarily, but only when the stream is swollen. We think it clear, that circumstance can only affect the quantum of damage, and does…
2Cited by20 opinions
- Dickinson v. PakeSupreme Court of North Carolina · 1974
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Elizabeth City Water & Power Co. v. City of Elizabeth CitySupreme Court of North Carolina · 1924
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
15 more not listed; retrieve them via the Exa API.