Lassiter v. Norfolk & Carolina Railroad
Supreme Court of North Carolina
Civil Action for damages for injury to land and crops of plaintiff by wrongfully diverting water upon bis land, tried before Allen, J., at November Term, 1899, of Beetle Superior ■ Court. . Upon issues submitted the jury found that the defendant wrongfully diverted and ponded water on plaintiff’s land, causing injury thereby; that the damage for permanent injury to the land was $90, and the damage for three years nest preceding the action was $60." His Honor rendered…
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Civil Action for damages for injury to land and crops of plaintiff by wrongfully diverting water upon bis land, tried before Allen, J., at November Term, 1899, of Beetle Superior ■ Court. . Upon issues submitted the jury found that the defendant wrongfully diverted and ponded water on plaintiff’s land, causing injury thereby; that the damage for permanent injury to the land was $90, and the damage for three years nest preceding the action was $60." His Honor rendered judgment in favor of plaintiff for $90 only, and he excepted and appealed.
1Opinion of the CourtDouglas, J.
This is an action, brought to recover damages for the unlawful diversion of water on to the lands of the plaintiff, who claimed damages for his yearly injury for three years next preceding the bringing of the action, and. consented “that all of the damage done to said land, past, present and future, may be estimated and recovered in this action.” The defendant denied the diversion and damage, and pleaded the usual statutes of limitation. It does not, however, appear to have relied upon any of these statutes, as it tendered no issue as to any of them. There are only two exceptions appearing in…
2Cases cited4 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Beach v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1897
- Swain v. . PhelpsSupreme Court of North Carolina · 1899
3Cited by18 opinions
- Phillips v. Postal Telegraph Cable Co.Supreme Court of North Carolina · 1902
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Mizell v. McGowan.Supreme Court of North Carolina · 1901
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
- Thomason v. RailroadSupreme Court of North Carolina · 1906
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