Leary v. Board of Drainage Commissioners
Supreme Court of North Carolina
Appeal by plaintiff from Bond, J., at January Term, 1916, of Our-RITUCK.
1Opinion of the CourtClaek, C. J.
This is an action against the drainage commissioners as a board, and also individually, for the diversion of water whereby the lands of the plaintiffs outside of, and below, the drainage district have been injured.
The ruling of this Court is well settled that the upper proprietor “may accelerate, but cannot divert,” water to the injury of the lower proprietor. It is not controverted, and must be taken as true upon this nonsuit, that the water of the drainage district was diverted by this canal and thrown upon the lands of the plaintiffs to their injury. If the defendants had been an…
2Cases cited9 opinions
- Bradbury v. Vandalia Levee & Drainage DistrictIllinois Supreme Court · 1908
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- Southern Assembly v. . PalmerSupreme Court of North Carolina · 1914
- Drainage Commissioners v. WebbSupreme Court of North Carolina · 1912
- Newby & White v. Drainage DistrictSupreme Court of North Carolina · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Parks-Belk Co. v. City of ConcordSupreme Court of North Carolina · 1927
- Sanderlin v. . LukenSupreme Court of North Carolina · 1910
- Croft v. Millard County Drainage Dist. No. 1Utah Supreme Court · 1921
- Berry v. City of DurhamSupreme Court of North Carolina · 1923
- Sawyer v. Camden Run Drainage DistrictSupreme Court of North Carolina · 1920
5 more not listed; retrieve them via the Exa API.