Burnett v. . Nicholson
Supreme Court of North Carolina
Civil Action tried at Fall Term, 1880, of Halifax Superior Court, before Graves, J. This action was brought under the statute (Bat.
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Civil Action tried at Fall Term, 1880, of Halifax Superior Court, before Graves, J. This action was brought under the statute (Bat. Rev., ch. 72) to recover damages to plaintiffs’ grist mill, on Fishing creek in Halifax county, caused by the erection of á mill-dam by defendants which ponded the water back on plain* tiffs’ mill, It is alleged in the complaint that the mill was built more than fifty years ago and has been in constant use, except for about a month several years since; that the defendants, or the defendant Thomas W. Nicholson as the agent of his wife, Martha E. Nicholson, are now…
1Opinion of the CourtSmith, C. J.
Upon the question of damages caused by the dam built below the plaintiffs’ mill and the increased accumulation of water upon their water wheel from this obstruction to its flow, interfering with the working of the mill, the jury were directed, and the issue was so framed as to call for this response, to inquire and ascertain the annual damage from the time of the erection of the dam up to the trial; that the measure thereof was the value of the injury sustained by the ponding back of the water upon the mill; and that in making their estimate, they should not consider the loss of toll…
2Cases cited2 opinions
- Whissenhunt v. . JonesSupreme Court of North Carolina · 1878
- Hester v. . BroachSupreme Court of North Carolina · 1881
3Cited by15 opinions
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- Loftin v. . CrosslandSupreme Court of North Carolina · 1886
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