Downs v. City of High Point
Supreme Court of North Carolina
Civil action, tried before Brown, J., at August Term, 1898, of Guilpord Superior Court. The plaintiff sought damages for injuries to his property and the health of his family resulting from a filthy drain or sewer kept and maintained by the defendant corporation in a street and on property adjoining the lot of plaintiff.
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Civil action, tried before Brown, J., at August Term, 1898, of Guilpord Superior Court. The plaintiff sought damages for injuries to his property and the health of his family resulting from a filthy drain or sewer kept and maintained by the defendant corporation in a street and on property adjoining the lot of plaintiff. The defendant, among other defences, contended that the ditch, drain or sewer was a natural one, which was in existence at the time the plaintiff bought the property on which he lived adjoining the ditch; that the drain was necessary to be kept and maintained according to the…
1Opinion of the Court
Avery, J.:
The first issue submitted involved the question whether the defendant negligently failed to keep the ditch in good condition, or, in other words, carelessly suffered a public nuisance to be created by want of care in attending to it. The additional issue passed upon was as follows: “ If so, what damage has the plaintiff sustained thereby, if any, up to the date of his demand July 14, 1892?” The affirmative finding, that the nuisance was caused by the defendant’s want of care, and the assessment of the damage sustained by the plaintiff “ thereby,” was necessarily an ascertainment of…
2Cases cited2 opinions
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
- Denmark v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1890
3Cited by15 opinions
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- Staton v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1908
- Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1895
- Hull v. Roxboro.Supreme Court of North Carolina · 1906
- McCombs v. City of AsheboroCourt of Appeals of North Carolina · 1969
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