Mizell v. McGowan.
Supreme Court of North Carolina
ActioN by W. G. Mizell against G. A. McGowan and others, heard by Judge W. A. Hohe and a jury, at May (Special) . Term, 1901, of the Superior Court of Pitt County. From a judgment for tbe defendants, tbe plaintiff appealed. .
1Opinion of the CourtDouglas, J.
Tbis is an action for damages to tbe plaintiff’s land from flooding alleged to' have been caused by tbe improper and unlawful construction of ditches by tbe defendant,
Tbis is tbe third time that it has been before tbis Court, being reported in 120 N. C., 134, and 125 N. C., 439.
Tbe following are tbe issues and answers thereto: “1. Is the plaintiff the owner and in possession of tbe lands described in fhe complaint? Ans. 'Yes/ 2. Did Mrs. Laura A. McGowan wrongfuly and unlawfully divert any water from its natural channel and discharge it upon tbe lands of plaintiff, causing damage to same?…
2Cases cited4 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Lassiter v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1900
- Mizzell v. . McGowanSupreme Court of North Carolina · 1897
- Mizzell v. . McGowanSupreme Court of North Carolina · 1899
3Cited by23 opinions
- Archer v. City of Los AngelesCalifornia Supreme Court · 1941
- San Gabriel Valley Country Club v. County of Los AngelesCalifornia Supreme Court · 1920
- Board of Drainage Com'rs v. Board of Drainage Com'rsMississippi Supreme Court · 1922
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
- Mullen v. Lake Drummond Canal & Water Co.Supreme Court of North Carolina · 1902
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