Little v. . Stanback
Supreme Court of North Carolina
PETITION, to recover damages caused by the erection of a mill, tried before Buxton, J., at Fall Term 1868 of the Superior Court of Anson. Upon the trial, the defendant’s counsel asked] the Court to charge the jury, thatif the water backed, by the dam below, upon the wheels of theplaintiff’s mills produced no injury to the plaintiff, the latter was entitled to no damage.
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PETITION, to recover damages caused by the erection of a mill, tried before Buxton, J., at Fall Term 1868 of the Superior Court of Anson. Upon the trial, the defendant’s counsel asked] the Court to charge the jury, thatif the water backed, by the dam below, upon the wheels of theplaintiff’s mills produced no injury to the plaintiff, the latter was entitled to no damage. The Court declined .so to charge, and instructed the jury that in such case the plaintiff would be entitled to nominal damages. Yerdict for the plaintiff; Rule for a new trial; Rule discharged; Judgment, and Appeal.
1Opinion of the CourtReade, J.
The statute provides that “ any person conceiving himself injured by the erection of any grist mill, or mill for other useful purposes, may apply by petition to the Court of Pleas and Quarter Sessions for the county in which the land is situate, setting forth in what respects he is injured by the erection of the mill, &c.” Rev. Code, ch. 71, s. 8.
Under this statute any one whose land is injured by the erection of such a mill, may recover damages for the injury to the land, and also for incidental injuries, — as, to the health of his family, to his machinery, &c.
The parties went to trial…
2Cited by7 opinions
- Matthews v. ForrestSupreme Court of North Carolina · 1952
- Chaffin v. . Manufacturing Co.Supreme Court of North Carolina · 1904
- Hutton & Bourbonnais, Inc. v. CookSupreme Court of North Carolina · 1917
- Lee v. . StewartSupreme Court of North Carolina · 1940
- Cotton Co. v. . Henrietta MillsSupreme Court of North Carolina · 1940
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