Roberts v. . Baldwin
Supreme Court of North Carolina
Appeal from Gouneill, J., at tbe May Term, 1910, of HeN-DERSON. Tbis is an. action to recover damages for tbe wrongful diversion of rain or surface water from tbe lands of tbe defendant to tbe lands of plaintiffs by means of a ditcb cut by tbe defendant.
Read the full summary
Appeal from Gouneill, J., at tbe May Term, 1910, of HeN-DERSON. Tbis is an. action to recover damages for tbe wrongful diversion of rain or surface water from tbe lands of tbe defendant to tbe lands of plaintiffs by means of a ditcb cut by tbe defendant. Tbe cause was tried at a former term of tbe Henderson Superior Court, and tbe appeal, wbicb was taken at tbat time, was beard and considered by tbis Court at Fall Term, 1909. See Roberts v. Baldwin, 151 N. C., 407. Tbe plaintiffs allege tbat said ditcb was cut about five years before tbe commencement of tbe action; tbat by means thereof a…
1Opinion of the Court
AlleN, J.,
after stating the ease. 1. The first and second exceptions to the refusal to enter judgment for the defendant upon the pleadings, or to nonsuit on the evidence, cannot be sustained.
The same question was presented and considered on the former appeal in this action (151 N. C., 408), and the Court then said: “The defendant pleaded the three-years statute of limitations and relied upon Revisal, sec. 395 (3) : ‘Action for trespass upon real property. When the trespass is a continuing one, such action shall be commenced within three years from the original trespass, and not thereafter.’…
2Cases cited13 opinions
- Kimberly v. HowlandSupreme Court of North Carolina · 1906
- Pretzfelder v. Merchants Insurance Co. of NewarkSupreme Court of North Carolina · 1898
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Oldham v. . RiegerSupreme Court of North Carolina · 1907
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kimberly v. . HowlandSupreme Court of North Carolina · 1906
- Garrison v. Case Threshing MacHine Co.Supreme Court of North Carolina · 1912
- Duval v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
- Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1915
13 more not listed; retrieve them via the Exa API.