Cherry v. Canal Co.
Supreme Court of North Carolina
ActioN by W. A. Cherry against Lake Drummond Canal & Water Co,., heard by Judge T. J. 8haw and a jury, at the September Term, 1905, of the Superior Court of CamdeN.
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ActioN by W. A. Cherry against Lake Drummond Canal & Water Co,., heard by Judge T. J. 8haw and a jury, at the September Term, 1905, of the Superior Court of CamdeN. Plaintiff, owning two-thirds of the reversionary interest in fee, after the life of Mrs. Kate Cherry, in the house and lot abutting on the canal of defendant, brought this action, alleging that defendant, in widening and deepening its canal, in the years 1898 and 1899, had wrongfully and negligently thrown sand and dirt upon and around the said house and lot, causing great and permanent damages to the same. Neither the life…
1Opinion of the Court
Hoke, J.,
after stating the case: It has been settled by several decisions of this court that the facts disclosed in the foregoing testimony amount to an actionable wrong on the part of the defendant company towards the owner of the injured property. Mullen v. Canal Co., 130 N. C., 496; Pinnix v. Canal Co., 132 N. C., 124. And the same authorities declare that when the damage is of a permanent character, recovery may be had in one action for the entire wrong. Mullen v. Canal Co., supra, at page 505. It is also an established principle that where there has been a trespass committed on real…
2Cases cited11 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Butts v. . ScrewsSupreme Court of North Carolina · 1886
- Latham v. Lumber Co.Supreme Court of North Carolina · 1905
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902
- Shackelford v. . StatonSupreme Court of North Carolina · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Rankin v. OatesSupreme Court of North Carolina · 1922
- Bateman v. Kramer Lumber Co.Supreme Court of North Carolina · 1911
- Rankin v. . OatesSupreme Court of North Carolina · 1922
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Perry v. Southern Surety Co.Supreme Court of North Carolina · 1925
27 more not listed; retrieve them via the Exa API.