Roberts v. . Baldwin
Supreme Court of North Carolina
Appeal from J. S. Adams, J., May Term, 1909, of Hender-SON. This was an action for the recovery of damages for the unlawful diversion of surface water from his lands, by means of a ditch constructed by defendant, to-the lands of the plaintiff, and the plaintiff sought to recover annual damages for the loss of crops and also for permanent damages to the land.
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Appeal from J. S. Adams, J., May Term, 1909, of Hender-SON. This was an action for the recovery of damages for the unlawful diversion of surface water from his lands, by means of a ditch constructed by defendant, to-the lands of the plaintiff, and the plaintiff sought to recover annual damages for the loss of crops and also for permanent damages to the land. His Honor, at the close of the plaintiff’s evidence, intimated that he would charge the jury that if they believed the evidence the plaintiff’s cause of action was barred by the statute of limitations. The plaintiff submitted to a nonsuit…
1Opinion of the Court
Clark, C. J.,
after stating the facts: In Rice v. Railroad, 130 N. C., 376, Douglas, J., says that the doctrine has been thus generally stated: “No one can divert water from its natural flow, so as to damage another. They (the upper proprietors) may increase and accelerate, hut cannot divert. Hocutt v. Railroad, 124 N. C., 214; Mizzell v. McGowan, 120 N. C., 138; s. c., 125 N. C., 444; s. c., 129 N. C., 93; Lassiter v. Railroad, 126 N. C., 509; Mullen v. Canal Co., 130 N. C., 502.” To the same effect are many other cases, among them Staton v. Railroad, 109 N. C., 337; Jenkins v. Railroad, 110…
2Cases cited12 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Mizell v. McGowan.Supreme Court of North Carolina · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Wilson v. McLeod Oil Co., Inc.Supreme Court of North Carolina · 1990
- James v. ClarkCourt of Appeals of North Carolina · 1995
- Duval v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Yowmans v. . HendersonvilleSupreme Court of North Carolina · 1918
- Yowmans v. City of HendersonvilleSupreme Court of North Carolina · 1918
18 more not listed; retrieve them via the Exa API.