Brown v. . Power Co.
Supreme Court of North Carolina
ActioN by Mary Brown against W. T. Weaver Power Co., beard by Judge T. A. McNeill and a jury, at the February Term, 1905, of the Superior Court of Buncombe. Plaintiff alleged that she was the owner in fee of a tract of land lying on the Erencb Broad River in Buncombe County, a particular description of which is set forth. That she resided with her family on said land, cultivating a portion thereof.
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ActioN by Mary Brown against W. T. Weaver Power Co., beard by Judge T. A. McNeill and a jury, at the February Term, 1905, of the Superior Court of Buncombe. Plaintiff alleged that she was the owner in fee of a tract of land lying on the Erencb Broad River in Buncombe County, a particular description of which is set forth. That she resided with her family on said land, cultivating a portion thereof. That the defendant company bad erected and maintained a-dam across said river in the vicinity of and below said land by which the water was thrown back and ponded said land near to her residence.…
1Opinion of the Court
Connor, J.,
after stating the facts: There was evidence tending to show the locatioñ of plaintiff’s land, the location of the dam and the effect upon the land by water ponding thereon, etc, in regard to its productive capacity, the crops raised upon it before and after the erection of the dam. There was also evidence tending to show that the quantity of land upon which water was ponded was about three acres; the rental value of the land; the effect of the water ponded on the land by the dam upon the health of plaintiff’s family, etc. The testimony in all of these aspects was conflicting. _ The…
2Cases cited11 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Williams v. McMillanOhio Supreme Court · 1849
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- Young v. HarrisonSupreme Court of Georgia · 1855
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