Barringer v. Virginia Trust Co.
Supreme Court of North Carolina
ActioN by Mary A. E. Barringer against the Virginia Trust Company, beard by Judge W. 8. O'B. Robinson, at November Term, 1902, of the Superior Court of Chatham County. From a judgment of non-suit, the plaintiff appealed.
1Opinion of the CourtClark, C. J.
In 1851, the Cape Fear & Deep River Navigation Company, being desirous of digging a canal through the lands of Alston Jones, a riparian owner, made a contract with him under seal by which the company agreed “to erect, maintain, keep and preserve in good order a permanent and substantial dam across Deep River, upon the site of said Jones’ present mill dam, and the new dam shall be erected, maintained, kept and preserved so as to effectually feed and supply hereafter the said Jones’ mill canal, and so as not to injure said Jones or his heirs, and assigns in the use and enjoyment of the mills…
2Cases cited3 opinions
- Tyler v. . CapehartSupreme Court of North Carolina · 1899
- McAllister v. . DevaneSupreme Court of North Carolina · 1877
- Merriman v. . RussellSupreme Court of North Carolina · 1856
3Cited by4 opinions
- Lingle Water Users' Ass'n v. Occidental Building & Loan Ass'nWyoming Supreme Court · 1931
- Patrick v. . Insurance Co.Supreme Court of North Carolina · 1918
- Patrick v. Jefferson Standard Life InsuranceSupreme Court of North Carolina · 1918
- Water Users Assn. v. Bldg. Assn.Wyoming Supreme Court · 1931