Hester v. . Broach
Supreme Court of North Carolina
Civil Action, tried at Fall Term, 1880, of Person Superior Court, before Eure, J. The action was brought by the plaintiff to recover damages of the defendant for ponding water over his land, the ponding being caused by the erection of a mill-dam on a stream running through plaintiff’s and defendant’s lands, which adjoin.
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Civil Action, tried at Fall Term, 1880, of Person Superior Court, before Eure, J. The action was brought by the plaintiff to recover damages of the defendant for ponding water over his land, the ponding being caused by the erection of a mill-dam on a stream running through plaintiff’s and defendant’s lands, which adjoin. The plaintiff laid his damages at four hundred dollars, and upon the trial, the plaintiff asked the court to submit this issue to the jury : “ What is the amount of the annual damages done the plaintiff by reason of the erection of the defendants dam,” to which the defendant…
1Opinion of the CourtAshe, J.
The question is, which issue should have been submitted to the jury, that proposed by the plaintiff or defendant?
Before the year 1809, when water was ponded upon the land of any one, by the erection of a mill by another, the owner of the overflowed land could bring his action, at common law, for the damages sustained by him each day, so long as the ponding on his land continued. Such actions were generally trivial and vexatious, and sometimes ruinous. It was to remedy this mischief the act of 1809 was passed, which debarred the person whose land was overflowed from his common law action,…
2Cited by6 opinions
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- Goodson v. . Mullen and DerrSupreme Court of North Carolina · 1885
- McGee v. . FoxSupreme Court of North Carolina · 1890
- Kinsland v. . KinslandSupreme Court of North Carolina · 1926
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