Spence v. Lake Drummond Canal Co.
Supreme Court of North Carolina
ActioN tried before Ward,,. J., and a jury, at Fall Term-, 1908, of Camden. Tbe jury rendered tbe following verdict: 1. “Is tbe idaintiff tbe owner in fee simple of tbe lands described in tbe complaint?” Answer: “Yes.” 2. “Did defendant dig out and widen its canal and wrongfully throw dirt, sand and mud on plaintiff’s land and thereby permanently injure tbe lands of plaintiff, as alleged?” Answer: “Yes.” 3. “What permanent damage, if any, has plaintiff sustained thereby ?”…
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ActioN tried before Ward,,. J., and a jury, at Fall Term-, 1908, of Camden. Tbe jury rendered tbe following verdict: 1. “Is tbe idaintiff tbe owner in fee simple of tbe lands described in tbe complaint?” Answer: “Yes.” 2. “Did defendant dig out and widen its canal and wrongfully throw dirt, sand and mud on plaintiff’s land and thereby permanently injure tbe lands of plaintiff, as alleged?” Answer: “Yes.” 3. “What permanent damage, if any, has plaintiff sustained thereby ?” Answer: “Three hundred and fifty dollars.” Motion for new trial; overruled. Defendant excepted. Judgment on tbe verdict…
1Opinion of the Court
Per Curiam :
The Court is unable to perceive any error in the proceedings below to the defendant’s prejudice. As we understand the evidence, it tended to show that defendant, in cutting a ditch on its own right of way, threw and carried the mud, etc., on the side of the ditch and out and over the plaintiff’s lands, rendering several acres entirely worthless and causing other damage to plaintiff’s property.
The court, in charging tbe jury, restricted tbe plaintiff’s recovery to tbe wrong, as indicated, telling them that plaintiff could only recover for wrongfully causing mud, sand and water to…
2Cases cited1 opinion
- Sladen, Fakes & Co. v. LanceSupreme Court of North Carolina · 1909
3Cited by3 opinions
- Farris v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Farris v. . R. R.Supreme Court of North Carolina · 1909
- Tate v. Western Carolina Power Co.Supreme Court of North Carolina · 1949