Pennington v. Town of Tarboro
Supreme Court of North Carolina
Appeal by defendant from Horton, J., at April Term, 1922, of Edgecombe. Tbe action is to recover damages caused to plaintiff’s property by defendant in negligently permitting tbe city sewer or drains to fill up, thereby causing tbe surface waters in tbe city to flood tbe plaintiff’s property, and doing substantial damage to same. Denial of liability by defendant.
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Appeal by defendant from Horton, J., at April Term, 1922, of Edgecombe. Tbe action is to recover damages caused to plaintiff’s property by defendant in negligently permitting tbe city sewer or drains to fill up, thereby causing tbe surface waters in tbe city to flood tbe plaintiff’s property, and doing substantial damage to same. Denial of liability by defendant. Yerdict for plaintiff, assessing bis damages at $1,000.' Judgment on tbe verdict, and defendant excepted and appealed.
1Opinion of the CourtHoKe, J.
Plaintiff complained, and offered evidence tending to sbow, tbat in tbe summer of 1920 be was the proprietor of a building in the town of Tarboro, used by him for a garage and in tbe sale of automobile supplies, etc. Tbat during said period tbe town authorities bad negligently permitted tbe city sewer and drain below plaintiff’s property to fill up with debris and other obstructions, causing tbe surface or rain waters, three times during said summer, to flood plaintiff’s property and doing substantial injury both to tbe building and tbe supplies therein, amounting by plaintiff’s estimate and…
2Cases cited6 opinions
- Donnell v. City of GreensboroSupreme Court of North Carolina · 1913
- Hines v. City of NevadaSupreme Court of Iowa · 1911
- Watson v. Town of New MilfordSupreme Court of Connecticut · 1900
- Hill v. North Carolina RailroadSupreme Court of North Carolina · 1920
- Buchanan v. Cranberry Furnace Co.Supreme Court of North Carolina · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cook v. Town of MebaneSupreme Court of North Carolina · 1926
- Louisville & Nashville Railroad v. NicholsSupreme Court of North Carolina · 1924
- Kizer v. City of RaleighCourt of Appeals of North Carolina · 1996
- Johnson v. City of Winston-SalemCourt of Appeals of North Carolina · 1972