Supervisor & Commissioners of Pickens County v. Jennings
Supreme Court of North Carolina
Appeal by plaintiffs from Long, Jat tbe Special October Term, 1920, Of TRANSYLVANIA. It is well in a case of tbis kind to so state tbe facts as to present alternatively tbe contentions of tbe parties, witb sucb reference to tbe testimony as will serve to give a clear conception of tbem, and substantially using tbeir language. PlaiNtiffs’ Contention.
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Appeal by plaintiffs from Long, Jat tbe Special October Term, 1920, Of TRANSYLVANIA. It is well in a case of tbis kind to so state tbe facts as to present alternatively tbe contentions of tbe parties, witb sucb reference to tbe testimony as will serve to give a clear conception of tbem, and substantially using tbeir language. PlaiNtiffs’ Contention. In 1902-1903 the Toxaway Company, a corporation, in which corporation the defendant was a stockholder, a director and vice president, built a dam 500 feet in length, approximately 60 feet in height, 260 feet at the base, with a crown of 26 feet,…
1Opinion of the Court
'WauKeb, J.,
after stating tbe case: It was properly conceded that if tbe defendant, by bis negligence, contributed substantially and proximately to tbe destruction of tbe dam at Toxaway Lake, be would be liable in damages to tbe plaintiffs, but tbe defendant contends that be did not do so, and that tbe damage to plaintiffs was caused by tbe unprecedented flood of that season, which could not be foreseen or restricted by him, and to which tbe dam succumbed, without any fault on bis part.
There are many exceptions in this case, but it will not be necessary for us to consider more than two or…
2Cases cited4 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Steele v. GrantSupreme Court of North Carolina · 1914
3Cited by18 opinions
- Bruton v. . Light Co.Supreme Court of North Carolina · 1940
- Bruton v. Carolina Power & Light Co.Supreme Court of North Carolina · 1940
- Olan Mills, Inc. v. Cannon Aircraft Executive Terminal, Inc.Supreme Court of North Carolina · 1968
- Johnson v. City of Winston-SalemSupreme Court of North Carolina · 1954
- Bennett v. Southern Railway CompanySupreme Court of North Carolina · 1957
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