Snell v. . Chatham
Supreme Court of North Carolina
ActioN for damages and injunction, beard by Justice, J., at November Term, 1908, of Mecklenbukg. Tbis was an action brought upon tbe ground that tbe defendant, owner of a tract of land near Charlotte, bad, in 1907, erected a dam across a small branch on the said land and thereby created a pond or lake; that in August, 1908, by reason of heavy rainfall, the dam having been broken, the defendant was rebuilding the dam; that the effect of rebuilding the dam would be to create a…
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ActioN for damages and injunction, beard by Justice, J., at November Term, 1908, of Mecklenbukg. Tbis was an action brought upon tbe ground that tbe defendant, owner of a tract of land near Charlotte, bad, in 1907, erected a dam across a small branch on the said land and thereby created a pond or lake; that in August, 1908, by reason of heavy rainfall, the dam having been broken, the defendant was rebuilding the dam; that the effect of rebuilding the dam would be to create a pond of stagnant water, which would produce mosquitoes and communicate malaria to the plaintiffs and other residents of…
1Opinion of the Court
Clark, C. J.,
after stating the case: There was no exception to the award of the arbitrators. After his Honor had entered judgment in conformity therewith, the defendant excepted, assigning four grounds:
“1. That upon the award the court should not have signed judgment enjoining the erection of the dam.
“2. That the arbitrators went beyond the scope of their powers in recommending the drainage of the pond.
“3. That the plaintiffs have no right to any relief not set up in the complaint.
“4. That the court had no power to require the defendant to drain an area of land which was in its natural…
2Cited by3 opinions
- Sanitary District v. . PruddenSupreme Court of North Carolina · 1928
- Bowie v. . TuckerSupreme Court of North Carolina · 1933
- Dodds v. St. Louis Union Trust Co.Supreme Court of North Carolina · 1933