Myers v. City of Charlotte
Supreme Court of North Carolina
Civil actioN, tried before Ferguson, J., and a jury, at July Term, 1907, of tbe Superior Court of MeckleNbueg-County, and brought by tbe plaintiff to recover damages from tbe defendant on account of tbe wrongful establishment and maintenance of an elevated sewer over and through his lands. Judgment for plaintiff. Defendant excepted and appealed.
1Opinion of the Court
ClauK, O. J.
This is an action for damages to plaintiff’s meadow from a sewer built through it, partly above ground, enclosed within a concrete wall and partly under or through the soil. There was evidence that, after heavy rains, the culverts under the sewer did not always fully carry off the water, causing it to pond back on the meadow, to its injury. Besides, the defendant, in its answer, asked for the condemnation of a strip 40 feet wide for right of way, and assessment of its value in this action.
There are but two exceptions, both to the admission of evidence. The plaintiff testified to…
2Cases cited2 opinions
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Creighton v. Water Commissioners.Supreme Court of North Carolina · 1906
3Cited by6 opinions
- State Highway & Public Works Commission v. HartleySupreme Court of North Carolina · 1940
- Powell v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1919
- Little v. Town of LenoirSupreme Court of North Carolina · 1909
- Williams v. Elm City Lumber Co.Supreme Court of North Carolina · 1911
- WILSON REDEVELOPMENT COMMISSION v. StewartCourt of Appeals of North Carolina · 1968
1 more not listed; retrieve them via the Exa API.