Lamb v. . Lamb
Supreme Court of North Carolina
Action tried before Bond, J., and a jury, at July Term, 1914, of CAMDEN. ■ The action was instituted, by plaintiff, the lower proprietor, against the defendant, adjoining and upper proprietor, to recover damages for flow of water wrongfully diverted upon plaintiff’s land, and for damages caused by failure on part of defendant to clear off and properly maintain on plaintiff’s land certain lead ditches running through both tracts, whereby it was claimed that plaintiff’s land…
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Action tried before Bond, J., and a jury, at July Term, 1914, of CAMDEN. ■ The action was instituted, by plaintiff, the lower proprietor, against the defendant, adjoining and upper proprietor, to recover damages for flow of water wrongfully diverted upon plaintiff’s land, and for damages caused by failure on part of defendant to clear off and properly maintain on plaintiff’s land certain lead ditches running through both tracts, whereby it was claimed that plaintiff’s land was sobbed and injured. On specific issue submitted, there was verdict of the jury negativing the charge of wrongful…
1Opinion of the Court
Hoke, J.,
after stating tbe case: The facts in evidence tended to sbow tbat the plaintiff and defendant were adjoining proprietors of two tracts, of land, the plaintiff owning the lower tract, along certain lead ditches hereinafter referred to; that they had obtained these tracts of land from their respective fathers, and they in turn held them under a devise from-the grandfather, Abner' Lamb; that Abner Lamb owned the land as one tract and during his possession had constructed a system of drains and ditches through the same, and at his death he divided the land into two tracts, described in…
2Cases cited8 opinions
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- City of Bellevue v. DalyIdaho Supreme Court · 1908
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- Oney v. West Buena Vista Land Co.Supreme Court of Virginia · 1905
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