Carter v. . Page
Supreme Court of North Carolina
■ Appeal from the Superior Court of Law of Chowan County, at Spring Term 1844, his Honor Judge Bailey presiding. This was an action on the case, brought to recover damages alleged to have been sustained by the plaintiff, in injuring his crops in the years 1841 and 1842, by the water which the defendant caused to flow from his lands upon the lands of the plaintiff, and also for damage done to the crops of the plaintiff by the stock of the neighborhood, which it was alleged,…
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■ Appeal from the Superior Court of Law of Chowan County, at Spring Term 1844, his Honor Judge Bailey presiding. This was an action on the case, brought to recover damages alleged to have been sustained by the plaintiff, in injuring his crops in the years 1841 and 1842, by the water which the defendant caused to flow from his lands upon the lands of the plaintiff, and also for damage done to the crops of the plaintiff by the stock of the neighborhood, which it was alleged, entered the fields of the plaintiff at openings made by the ditches hereinafter mentioned, cut by the defendant. The…
1Opinion of the CourtNash, J.
The Eastern part of our State contains a large body of land, called swamp lands, which, as its name imports, lies very low, and is without valúe, unless drained. After the superfluous water, however, is removed, it is exceedingly fertile and valuable, being nearly inexhaus-table by cultivation. It is therefore, obviously, the interest of each individual land-holder to have his land drained, as thereby its value in market, and as a productive fund, is greatly enhanced.' But it often, if not most frequently occurs, that the land of one man cannot be drained, without carrying the ditches through…
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