Rector v. North Carolina Electrical Power Co.
Supreme Court of North Carolina
Appeal by plaintiff from Webb, J., at April Term, 1920, of Madison. Appeal by tbe plaintiff from a judgment of nonsuit. In 1911 tbe defendant company constructed a concrete dam 32 feet high across tbe French Broad River, two miles below Marshall, and built a power bouse for tbe generation of electric power. Tbe defendant bought from tbe owner 3% acres from tbe upper end of a tract of land on tbe south side of tbe river just below its dam and powerhouse.
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Appeal by plaintiff from Webb, J., at April Term, 1920, of Madison. Appeal by tbe plaintiff from a judgment of nonsuit. In 1911 tbe defendant company constructed a concrete dam 32 feet high across tbe French Broad River, two miles below Marshall, and built a power bouse for tbe generation of electric power. Tbe defendant bought from tbe owner 3% acres from tbe upper end of a tract of land on tbe south side of tbe river just below its dam and powerhouse. Tbe plaintiff bought tbe remainder of said tract just below tbe defendant’s purchase. In building tbe dam and powerhouse tbe defendant cut…
1Opinion of the CourtClark, C. J.
We think that the nonsuit was properly granted and there was no error in the admission of the evidence, which was conclusive, that this freshet was the largest over known in that section and “the memory of man runneth not to the contrary.” There was no evidence of negligence in the construction of the dam and powerhouse, or in clearing away the ledge of rock and shrubbery for the construction of the tail race, or in piling the rock on the defendant’s own land, nor that so doing was the cause of washing the plaintiff’s land, nor if it had been, was it negligence not to have foreseen that there…
2Cited by3 opinions
- Bruton v. . Light Co.Supreme Court of North Carolina · 1940
- Bruton v. Carolina Power & Light Co.Supreme Court of North Carolina · 1940
- Richardson v. . JenningsSupreme Court of North Carolina · 1922