Darr v. Carolina Aluminum Co.

The evidence presented in the record on this appeal, considered in the light most favorable to plaintiffs, is insufficient to require the submission of issues to the jury.

The action is laid upon allegations that defendant has obstructed the natural flow of watercourses over plaintiffs’ land.

Plaintiffs offered evidence tending to show that it is the obstructing of the flow of water in Meadow Ditch on the lands of the Shoaf heirs that has caused the alleged damage to their. land. But on the very threshold of the case there is a lack of evidence tending to show that Meadow Ditch is a natural…