Winchester v. . Byers

Pee CuRiam.

This is an action for diverting the natural flow of surface water by defendant placing dirt in such quantities on his land that the water flooded plaintiff’s land, damaging his house and [and. We think the evidence sufficient to be submitted to the jury.

The principle of law is well settled in Porter v. Durham, 74 N. C., at p. 779: “It has been held that an owner of lower land, is obliged to receive upon it the surface water which falls on adjoining higher land, and which naturally flows on the lower land. Of course when the water reaches his land the lower owner can collect it in a…