Davis v. Smith.
Supreme Court of North Carolina
AotioN bj Telia R. Davis against John W. Smith, heard by Judge G. S. Ferguson, at the March Term, 1906, of the Superior Court of Durham. Prom a judgment sustaining a demurrer ore tenus, the plaintiff appealed.
1Opinion of the CourtClark, C. J.
The complaint alleges that the roof of defendant’s building, a large three-story livery stable, not being provided with gutters, the water collected thereon is thrown against the wall of plaintiff’s building adjacent thereto, which keeps the plaintiff’s wall moist and wet all the time, and this water has leaked through the plaintiff’s wall and injured her building, and the water has collected at the foot of her wall and this has put her to expense in drainage of her building, under orders of the health officer, to which she would not otherwise have been subjected. The demurrer that the…
2Cases cited4 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Porter v. DurhamSupreme Court of North Carolina · 1876
- Hazeltine v. EdgmandSupreme Court of Kansas · 1886
- Copper v. DolvinSupreme Court of Iowa · 1886
3Cited by7 opinions
- Shea v. GavittSupreme Court of Connecticut · 1915
- Yowmans v. . HendersonvilleSupreme Court of North Carolina · 1918
- Yowmans v. City of HendersonvilleSupreme Court of North Carolina · 1918
- Cardwell v. Norfolk & Western RailwaySupreme Court of North Carolina · 1916
- Bell v. Alzey Realty Co.Missouri Court of Appeals · 1912
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