Street v. . Andrews
Supreme Court of North Carolina
Civil ACTION, for the recovery of damages for injury to plaintiffs’ land caused by the ponding of water thereon, tried before Armfield, J., and a jury, at Special Term, 1894, of Rutherford Superior Court.
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Civil ACTION, for the recovery of damages for injury to plaintiffs’ land caused by the ponding of water thereon, tried before Armfield, J., and a jury, at Special Term, 1894, of Rutherford Superior Court. The complaint, after alleging the ownership of a tract of land adjoining that of defendant, alleged— “ 3. That there are a number of acres of bottom land in said tract above described, and a branch runs through the bottom lands of plaintiffs and then through the lands of the defendant, which branch the defendant has filled up with brush, at or near the line between plaintiffs and defendant,…
1Opinion of the Court
Clark, J.:
The cause of action alleged was an obstruction placed by the defendant on the upper edge of his land, preventing the free flow of water from the land of plaintiffs just above and ponding it back. The counterclaim attempted to be set up was that the plaintiff had placed an obstruction on the lower edge of his own land, thus diverting water which was thrown upon and water-sobbed defendant’s land. These were two separate and distinct torts. The latter did not “ arise out of the transaction set forth in the complaint,” nor was it “ connected with the subject of the action.” The Code, §…
2Cases cited6 opinions
- Downs v. HawleyMassachusetts Supreme Judicial Court · 1873
- Bazemore v. . BridgersSupreme Court of North Carolina · 1890
- McGowan v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1886
- Glover v. . FlowersSupreme Court of North Carolina · 1888
- Livingston v. . DunlapSupreme Court of North Carolina · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hancammon v. . CarrSupreme Court of North Carolina · 1948
- STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
- Louisville & Nashville Railroad v. NicholsSupreme Court of North Carolina · 1924
- Hutton & Bourbonnais Co. v. HortonSupreme Court of North Carolina · 1919
- Hamilton v. . BentonSupreme Court of North Carolina · 1920
1 more not listed; retrieve them via the Exa API.