Benbow v. . Robbins .
Supreme Court of North Carolina
This was a Civil^Aotion, to recover damages for ponding water on plaintiff’s land, tried at the Eall Term, 1874, of Guilfobd Superior Court, before his Honor, Kerr, J. This case was before the Court at June Term, 1874, and is reported in 71 U. C. Rep., 338. It was sent back to be tried anew, and on the second trial the plaintiff had judgment. From this judgment defendants appealed.
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This was a Civil^Aotion, to recover damages for ponding water on plaintiff’s land, tried at the Eall Term, 1874, of Guilfobd Superior Court, before his Honor, Kerr, J. This case was before the Court at June Term, 1874, and is reported in 71 U. C. Rep., 338. It was sent back to be tried anew, and on the second trial the plaintiff had judgment. From this judgment defendants appealed. All the facts relating to the points raised on the second trial will be found in the opinion of Justice Reade.
1Opinion of the CourtReade, J.
This case was before us at last term, reported in 71 N. C. Rep., 338. It then appeared that a jury trial had been dispensed with, and it was agreed that the Judge should find the facts and declare the law. The Judge found the facts for the plaintiff, viz : that the defendant had ponded the water on the plaintiff’s land ; but did not find the damages, because he held that the defendant having so ponded the water for twenty years, from 1852 to 1872, she had acquired an easement, and therefore the plaintiff could not recover. From that ruling the plaintiff appealed, and we reversed his Honor…
2Cases cited1 opinion
- Benbow v. . RobbinsSupreme Court of North Carolina · 1874
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