Pruitt v. . Bethell
Supreme Court of North Carolina
Appeal by both parties from Harding, J., at February Term, 1917, of ROCKINGHAM. The plaintiffs, owners of land adjoining and adjacent to Wolf Island Creek, -above the defendant’s dam and pond, declared on two causes of action — -(1) for the abatement of the dam and pond as a nuisance, because it created conditions where the anopheles mosquito was bred in large quantities, which infected the plaintiffs and their tenants with germs of malarial fever; and (2) to recover…
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Appeal by both parties from Harding, J., at February Term, 1917, of ROCKINGHAM. The plaintiffs, owners of land adjoining and adjacent to Wolf Island Creek, -above the defendant’s dam and pond, declared on two causes of action — -(1) for the abatement of the dam and pond as a nuisance, because it created conditions where the anopheles mosquito was bred in large quantities, which infected the plaintiffs and their tenants with germs of malarial fever; and (2) to recover damages, for that the dam caused tbe water to be ponded on tbeir bottom lands, rendering them unfit for cultivation. The…
1Opinion of the CourtClark, C. J.
The defendant contends that a public nuisance cannot be abated in a civil action by a private individual without showing some. special damage to the plaintiff; that the State alone can abate a public nuisance, in the absence of special damage to the individual, and points out that the jury have found that there was no damage shown to the lands of the plaintiffs by reason of ponding water thereon.
The latter allegation, which the jury negatived, was on the second cause of action. As to the first cause of action, the case on appeal states “There was evidence introduced tending to show that the…
2Cases cited6 opinions
- Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1895
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Reyburn v. SawyerSupreme Court of North Carolina · 1904
- Attorney-General Ex Rel. Sundry Citizens of Raleigh v. HunterSupreme Court of North Carolina · 1826
- Attorney General v. BlountSupreme Court of North Carolina · 1826
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Barrier v. TroutmanSupreme Court of North Carolina · 1949
- Clark v. ScheldSupreme Court of North Carolina · 1961
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Moore v. Town of PlymouthSupreme Court of North Carolina · 1959
- Elliott v. Tallassee Power Co.Supreme Court of North Carolina · 1925
5 more not listed; retrieve them via the Exa API.