Williamson v. Look's Creek Canal Co.
Supreme Court of North Carolina
Civil ACTION, for Damages, commenced in Cumberland, and removed to and tried at Fall Term, 1877, of MooRE Superior Court, before Seymour, J. . The facts are sufficiently stated by Mr. Justice Rodiian in delivering the opinion of this Court.' The counsel for defendant requested the Court to charge: 1. That the plaintiff was not entitled to recover.because he is presumed to have used the water with notice that at sometime the swamp would be drained ; certainly he is not…
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Civil ACTION, for Damages, commenced in Cumberland, and removed to and tried at Fall Term, 1877, of MooRE Superior Court, before Seymour, J. . The facts are sufficiently stated by Mr. Justice Rodiian in delivering the opinion of this Court.' The counsel for defendant requested the Court to charge: 1. That the plaintiff was not entitled to recover.because he is presumed to have used the water with notice that at sometime the swamp would be drained ; certainly he is not entitled to recover for a diversion of water which became necessary by reason of the addition of machinery erected after…
1Opinion of the CourtRodman, J.
This action was brought by the plaintiff, the owner of a mill on the outlet from a certain swamp, called Elat Swamp, to recover damages against the canal company, McKeithan, President of the Company, J. M. Williams one of the Directors, and Devane the contractor who executed the works complained of, for diverting a water course formed by the union in or on an edge of the swamp of Lock’s Creek and Evan’s Creek, the united waters of which run, as it is claimed, through the swamp, between defined banks, and with waters from other sources running through the swamp, from the stream on which the…
2Cases cited2 opinions
- Stout v. . WoodySupreme Court of North Carolina · 1868
- Williamson v. Lock's Creek Canal Co.Supreme Court of North Carolina · 1877
3Cited by11 opinions
- Randleman Manufacturing Co. v. SimmonsSupreme Court of North Carolina · 1887
- Geer v. Durham Water Co.Supreme Court of North Carolina · 1900
- Harriet Cotton Mills v. Local Union No. 578, Textile Workers Union of AmericaSupreme Court of North Carolina · 1959
- Burton v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1881
- Halstead v. . MullenSupreme Court of North Carolina · 1885
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