Geer v. Durham Water Co.
Supreme Court of North Carolina
Civil Action by E. C. Geer against the Durham Water Company, heard by Judge Frederic1c Moore and a jury, at January Term, 1900, of Dueham Superior Court.
Read the full summary
Civil Action by E. C. Geer against the Durham Water Company, heard by Judge Frederic1c Moore and a jury, at January Term, 1900, of Dueham Superior Court. His Honor submitted to tbe jury the following issues, to-wit: 1. Has the defendant unlawfully and unreasonably diverted and used the water from Eno River and the Nancy Rhodes Branch? 2. What annual damages has plaintiff sustained by reason ■of such use and diversion ? 3. What permanent damages has plaintiff sustained by reason of such use and diversion? 4. Is plaintiff’s cause of action barred by the statute of limitations ? 5. Is…
1Opinion of the CourtDouglas, J.
This is an action brought by a lower riparian owner for damages resulting from the unlawful diversion ■of water, seriously interfering with the running of his mill, and greatly lessening its productive capacity. Long after the establishment of the plaintiff’s mill the defendant, organized for the purpose of supplying water to the city of Durham, constructed a dam across Eno River above the plaintiff’s mill, and also a dam across Nancy Rhodes Branch, a tributary of said river. The branch was used for its water supply, while the river was used to run its pumps when there was a sufficient flow.…
2Cases cited18 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
- Beach v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1897
- Pugh v. . WheelerSupreme Court of North Carolina · 1836
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. . CombsSupreme Court of North Carolina · 1931
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Rhodes v. . DurhamSupreme Court of North Carolina · 1914
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
21 more not listed; retrieve them via the Exa API.