Bradley v. Texaco, Inc.

There seems to be no controversy between the parties over the principle that owners of land on the higher level cannot divert the surface water or interfere with its natural flow by artificial obstruction or device so as to injure the premises of the servient owner without incurring actionable liability. See, Phillips v. Chesson, 231 N.C. 566, 58 S.E. 2d 343; Winchester v. Byers, 196 N.C. 383, 145 S.E. 774; Brown v. R. R., 165 N.C. 392, 81 S.E. 450; Porter v. Durham, 74 N.C. 767.

The crux of defendant’s appeal centers upon plaintiff’s evidence of the cost of constructing a wall along the…