Culbreth v. . Downing
Supreme Court of North Carolina
Civil action for damages for ponding water on land, tried before Coble, J., at April Term, 1897, of Cumberland-Superior Court. On the trial his Honor intimated that the action was barred and plaintiff submitted to a non-suit and appealed.
1Opinion of the Court
Faircloth, C. J.:
This action was instituted to recover damages for ponding water on plaintiff's land by reason of obstruction in a ditch running through defendant’s land, which ditch had for a long time carried off such water. It was-admitted that the obstructions were in the ditch in March, 1892. On March 8, 1895, the Legislature enacted Act 1895, Chapter 165, that The Code, Sec. 155(3) be amended by adding, “And when the trespass is a continuing one, such action shall be commenced within three years from the original trespass, and not thereafter.” His Honor intimated that the action was…
2Cases cited2 opinions
- Terry v. AndersonSupreme Court of the United States · 1877
- Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
3Cited by21 opinions
- Michael Dwayne Brown v. Ronald Angelone, Jesse James Pritchard, Jr. v. Ronald Angelone, DirectorCourt of Appeals for the Fourth Circuit · 1998
- United States v. Romeo Trinidad Flores, Jr.Court of Appeals for the Fifth Circuit · 1998
- Fields v. JohnsonCourt of Appeals for the Fifth Circuit · 1998
- Miller v. FallonSupreme Judicial Court of Maine · 1936
- Milbourne v. KelleySupreme Court of Kansas · 1915
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