Borden v. Carolina Power & Light Co.

This is an action to recover damages by reason of tbe •defendant’s dam at Buckhorn backing water upon the plaintiff’s land. The plaintiffs contend that their lands have been thus damaged, while the defendant contends that whatever damage, if any, the plaintiffs sustained was not due to defendant’s dam, but to natural causes and the negligence of the plaintiffs.

The plaintiffs’ land lies upon Cape Fear Biver six or seven miles above defendant’s dam. It has been subject to overflow from time immemorial. It is admitted that the greatest overflow which has occurred in the memory of men now living…