Spilman v. Roanoke Navigation Co.
Supreme Court of North Carolina
This was a Civil ActioN, for damages, tried at the December (Special) Term, 1875, of Halifax Superior Court, before his Honor, Judge Moore, and a jury, upon the following CASE AGREED. “ The plaintiffs declared for damages to their land, for agri cultural purposes and otherwise, caused by water flooding over it, from the defendant’s canal. The land was valuable for. agricultural purposes. The following issues were submitted to the jury, to-wit: 2d.
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This was a Civil ActioN, for damages, tried at the December (Special) Term, 1875, of Halifax Superior Court, before his Honor, Judge Moore, and a jury, upon the following CASE AGREED. “ The plaintiffs declared for damages to their land, for agri cultural purposes and otherwise, caused by water flooding over it, from the defendant’s canal. The land was valuable for. agricultural purposes. The following issues were submitted to the jury, to-wit: 2d. Has the defendant negligently permitted the canal or any part' thereof to décay, so as to damage the plaintiffs’ land, for agricultural purposes,…
1Opinion of the CourtReads, J.
The substance of the finding of the jury is, that by the continuous flooding and sobbing of the. land of the plaintiff for the last three years by the defendant, the land has been injured.$50 per year, $150 for the three years, and that the plaintiff has been damaged to that amount.
The jury were permitted to arrive at that conclusion by considering evidence as to the productiveness of the land -as flooded, compared with its productiveness when not flooded. To this the defendant excepted, for the reason that the recovery can be for injury to the land only and not.for injury to the crops or…
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