Morrow v. Florence Mills
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at August Term, 1920, of Rutheeeoed. Civil action to recover damages for injuries resulting from maintaining an alleged nuisance.
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Appeal by defendant from Harding, J., at August Term, 1920, of Rutheeeoed. Civil action to recover damages for injuries resulting from maintaining an alleged nuisance. Tbe gravamen of plaintiff’s canse of action is stated with, conciseness in tlie fifth paragraph of the complaint: “That defendant, for twenty years or more last past, has owned and operated and still owns and operates a large cotton mill, situated at the head or source of two branches or streams of water above plaintiff’s said farm, and that defendant has continuously for the past fifteen years wrongfully and negligently thrown…
1Opinion of the CourtStacy, J.
There are only two material questions presented for decision:
1. Was it error to admit evidence of the alleged nuisance for a longer period than three years next immediately preceding the commencement of the action, in view of the plea of the statute of limitations? His Honor permitted the jury to consider evidence of this character solely on the question of liability and not upon the issue of damages. Under this limitation, and considering the single purpose for which it was admitted, we think the evidence was competent and admissible. 29 Cyc., 1265; Lentz v. Carnegie Bros. & Co., 145 Pa.…
2Cases cited4 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Webb v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1916
- Brown v. Virginia-Carolina Chemical Co.Supreme Court of North Carolina · 1914
- Adams v. Durham & Northern RailroadSupreme Court of North Carolina · 1892
3Cited by10 opinions
- Phillips v. ChessonSupreme Court of North Carolina · 1950
- Riblet v. Spokane-Portland Cement Co.Washington Supreme Court · 1952
- Ivester v. City of Winston-SalemSupreme Court of North Carolina · 1939
- Lightner v. City of RaleighSupreme Court of North Carolina · 1934
- Winchester v. . ByersSupreme Court of North Carolina · 1928
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