State v. New
Supreme Court of North Carolina
INDICTMENT against Wesley New, beard by Judge W. A. Hoke and a jury, at April Term, 1901, of the Superior Court of Sampson County. This is a criminal action for the obstruction of a public officer in the discharge of his duty, tried before Judge W. A. Hoke. The evidence showed that the defendant was the owner of two and one-fourth acres of land, all cleared, fenced and under cultivation.
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INDICTMENT against Wesley New, beard by Judge W. A. Hoke and a jury, at April Term, 1901, of the Superior Court of Sampson County. This is a criminal action for the obstruction of a public officer in the discharge of his duty, tried before Judge W. A. Hoke. The evidence showed that the defendant was the owner of two and one-fourth acres of land, all cleared, fenced and under cultivation. The public road leading from the corporate limits of Clinton, at the Barden House to Stevens Bridge, and that E. O. Williams was the overseer of said section, duly appointed and acting. That in January, 1901,…
1Opinion of the Court
FURCHES, C. J., and CLARK, J., dissenting. It is evident from the above statement of the case on appeal that there was no natural drainway for the basin in the road across the land of the defendant. Natural drainage is where water runs in a state of nature without artificial assistance. The mere fact that it would require the digging of a ditch 70 yards long to carry the water onto the defendant's land would show that it did not go there naturally. Even then it would not reach a natural watercourse, nor even an artificial waterway, but would be turned loose in a low place upon the defendant's…
2Cases cited4 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Nevins v. City of PeoriaIllinois Supreme Court · 1866
- Johnston v. . RankinSupreme Court of North Carolina · 1874
- Cornelius v. . GlenSupreme Court of North Carolina · 1860