Mullen v. Lake Drummond Canal & Water Co.
Supreme Court of North Carolina
ActioN by F. N. Mullen against tbe Lake Drummond Canal and Water Company, beard by Judge O. H. Allen and a jury, at March Term, 1901, of tbe Superior Court of Gam-deN County. Tbis is an action for damages to plaintiff’s land by tbe discharge thereon of diverted water and the obstruction of a ditch by which it bad been previously drained.
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ActioN by F. N. Mullen against tbe Lake Drummond Canal and Water Company, beard by Judge O. H. Allen and a jury, at March Term, 1901, of tbe Superior Court of Gam-deN County. Tbis is an action for damages to plaintiff’s land by tbe discharge thereon of diverted water and the obstruction of a ditch by which it bad been previously drained. The defendant owns and operates what is known as the Dismal Swamp Canal, between the Pasquotank Niver in North Carolina, and Elizabeth Niver, in Virginia. The plaintiff owns tbe land in question, which is situated in Camden County, adjacent to' and bordering…
1Opinion of the Court
Douglas, J.,
after stating the facts. This case has given us much trouble, and has been most carefully considered, not on account of its intrinsic value to the parties, but from the great importance and wide application of its underlying principles. There are some things that we do not clearly understand, and yet we must decide the case as it is presented to us, as was recently said in Trimmer v. Gorman, 129 N. C., 161. It seems strange that the damage to the crop should amount to $353 for the year 1899 and to $226 for tbe year 1900, while the permanent damage to the land is only one hundred…
2Cases cited15 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Raleigh & Augusta Air Line R. R. v. WickerSupreme Court of North Carolina · 1876
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Porter v. DurhamSupreme Court of North Carolina · 1876
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3Cited by19 opinions
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Railroad v. Land Co.Supreme Court of North Carolina · 1904
- Bost v. Cabarrus CountySupreme Court of North Carolina · 1910
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
- Jones v. Home Building & Loan Ass'n of ThomasvilleSupreme Court of North Carolina · 1960
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