Town of Shelby v. Cleveland Mill & Power Co.
Supreme Court of North Carolina
Appeal from Biggs, J., at the Spring Term, 1911, of Cleve-LAND. The plaintiffs seek to enjoin the defendant from turning its raw sewage into the French Broad River some eight miles above the intake of the Shelby Water Works System.
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Appeal from Biggs, J., at the Spring Term, 1911, of Cleve-LAND. The plaintiffs seek to enjoin the defendant from turning its raw sewage into the French Broad River some eight miles above the intake of the Shelby Water Works System. Tbe defendant answers, admitting the material allegations of the complaint, and that it does empty the raw sewage from its mills and water-closets into said river, and claims prescriptive right to do so, and further avers that the water supply of the plaintiff town is not contaminated thereby. The plaintiffs demur to the answer. . The court sustained the demurrer…
1Opinion of the CourtBkowN, J.
The plaintiffs do not rely upon the principles of the common law, but rest their case solely upon section 3051 of the Revisal of 1905, which reads as follows: “No person or municipality shall flow or discharge sewage into any drain, brook, creek or river from which a public drinking-water supply is taken, unless the same shall have been passed through some well-known system of sewage purification approved by the State Board of Health; and the continual flow and discharge of such sewage may be enjoined upon application of any person.” A violation of this statute is made a misdemeanor,…
2Cases cited6 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Howard v. Railway Co.Supreme Court of the United States · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Stanley v. Department of Conservation & DevelopmentSupreme Court of North Carolina · 1973
- Attorney General ex rel. Township of Wyoming v. City of Grand RapidsMichigan Supreme Court · 1913
- Kornegay v. . GoldsboroSupreme Court of North Carolina · 1920
- State v. ScogginSupreme Court of North Carolina · 1952
- Mahon v. Pennsylvania Coal Co.Supreme Court of Pennsylvania · 1922
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