Davis v. Cahoon

VAUGHN, Judge.

Knowledge of the factual background of the case may be gained by reference to Davis v. Cahoon, 5 N.C. App. 46, 168 S.E. 2d 70, where this Court held that the evidence was sufficient to go to the jury and reversed a judgment of involuntary *396nonsuit. The opinion in the earlier appeal also contains a pertinent discussion and application of the rules relating to the reciprocal rights and duties of landowners with respect to flow of waters. We will not, therefore, restate the facts or principles of law except as may be necessary to dispose of the assignments of error brought forward…