Jenkins v. Conley
Supreme Court of North Carolina
Civil actiost, in the nature of a special proceeding; commenced before the Superior Court Clerk of Caldwell county, and by him removed to said Court, from whence it was removed upon affidavit, to the Superior Court of BubKE county, where it was tried before his Honor, MitohellyXr at Fall Term,, 1873. Plaintiff seeks to recover damages from the defendants, for-the alleged injury done to his land by ponding water thereon ; stating, in substance, that defendant rebuilt a…
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Civil actiost, in the nature of a special proceeding; commenced before the Superior Court Clerk of Caldwell county, and by him removed to said Court, from whence it was removed upon affidavit, to the Superior Court of BubKE county, where it was tried before his Honor, MitohellyXr at Fall Term,, 1873. Plaintiff seeks to recover damages from the defendants, for-the alleged injury done to his land by ponding water thereon ; stating, in substance, that defendant rebuilt a certain dam across Gunpowder creek “ higher and tigHUr1'’' than the one originally built, and that thereby water is- ponded,…
1Opinion of the CourtPeARsoN, C. J.
The complaint alleges injury to plaintiffs land by the ponding back of water. The answer relies upon an easement to pond back the water, acquired by prescription. 'The replication alleges an excess of the easement, and on this, ¡issue is taken, to wit; Is the damage to plaintiff’s land greater now than it was while the old mill dam was standing; in 'Other words, is the water, now ponded back, to a point higher than the point to which the defendant had, by prescription, acquired the right to pond it back?
If, at the erection of the old dam, a mark had been made on a rock, above the pond, up to…
2Cited by1 opinion
- Grant v. . BellSupreme Court of North Carolina · 1882