Mizzell v. . McGowan
Supreme Court of North Carolina
Civil Actiow for alleged damages in diverting from its natural course and discharging water upon lands of plaintiff, tried before Moore, J., at March Term, 1899, of the Superior 'Court of Pitt County. Same case reported in 120 N. C., 134. A severance of the defendants was allowed, and G. A. McGowan has since died. There was verdict and judgment in favor of defendant Laura A. McGowan. Plaintiff appealed.
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Civil Actiow for alleged damages in diverting from its natural course and discharging water upon lands of plaintiff, tried before Moore, J., at March Term, 1899, of the Superior 'Court of Pitt County. Same case reported in 120 N. C., 134. A severance of the defendants was allowed, and G. A. McGowan has since died. There was verdict and judgment in favor of defendant Laura A. McGowan. Plaintiff appealed. The charge of the Court, to -which plaintiff excepted, is quoted in the opinion. Douglas, J., writes the opinion. Eaieoloth, O. J., writes dissenting opinion.
1Opinion of the Court
Same case reported in 120 N.C. 134. A severance of the defendants was allowed, and G. A. McGowan has since died.
There was verdict and judgment in favor of defendant Laura A. McGowan. Plaintiff appealed.
The charge of the court, to which plaintiff excepted, is quoted in the opinion.
DOUGLAS J., writes the opinion.
FAIRCLOTH, C. J., writes dissenting opinion. This is a civil action in which the complaint, after setting out ownership and possession, alleges as follows:
"2. The defendants, by means of ditches and canals cut by them, have wrongfully and unlawfully collected large quantities of water…
2Cases cited3 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Beach v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1897
- Mizzell v. . McGowanSupreme Court of North Carolina · 1897
3Cited by11 opinions
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Mizell v. McGowan.Supreme Court of North Carolina · 1901
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
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