Powell v. . Lash
Supreme Court of North Carolina
Petition (filed 1868) to recover damages for an injury done by a mill dam to lands of tbe petitioner, tried before Cloud, J., at Spring Term 1870, of Stokes Court. Tbe boundary of tbe plaintiffs land approached tbe creek on which tbe dam was, on its eastern side, about two hundred yards above tbe dam, and ran thence up tbe creek two> hundred or three hundred yards, and then crossed it at right angles running west.
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Petition (filed 1868) to recover damages for an injury done by a mill dam to lands of tbe petitioner, tried before Cloud, J., at Spring Term 1870, of Stokes Court. Tbe boundary of tbe plaintiffs land approached tbe creek on which tbe dam was, on its eastern side, about two hundred yards above tbe dam, and ran thence up tbe creek two> hundred or three hundred yards, and then crossed it at right angles running west. Two dams that had previously stood near the. point where the present dam stands, and successively up to the time that it was erected, had thrown the water back so as to damage the…
1Opinion of the CourtDion, J.
The plaintiff admitted “that the defendant, and those with whom he was connected, had had a twenty .years user of so much of the plaintiff’s land as lay between the point where the line approached the pond on the east side of the creek, and a point about one hundred yards below where the line crosses the creek.” This admission is in ae cordance with the facts set forth in the case. As the plaintiff permitted the defendant and those under whom he claimed to have the uninterrupted user, and enjoyment of the land for twenty years, for the purposes of a mill-pond, the' law presumes that a right…
2Cited by4 opinions
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- Gibson v. FischerSupreme Court of Iowa · 1885
- Thomas v. . MorrisSupreme Court of North Carolina · 1925
- Haigh v. LenfestyIllinois Supreme Court · 1909