Hooker v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal from Ward, Jat December Term, 1910, of Pitt. There was allegation, with evidence, on the part of plaintiff, tending to show that defendant company, in the construction of its roadbed, had wrongfully diverted surface waters from their natural watershed, “caused same to flow into Patrick’s Branch or Hardee’s Run,” rendering same “insufficient and incapable of discharging said waters by reason of the increased servitude put upon them by said wrongful act, thereby causing…
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Appeal from Ward, Jat December Term, 1910, of Pitt. There was allegation, with evidence, on the part of plaintiff, tending to show that defendant company, in the construction of its roadbed, had wrongfully diverted surface waters from their natural watershed, “caused same to flow into Patrick’s Branch or Hardee’s Run,” rendering same “insufficient and incapable of discharging said waters by reason of the increased servitude put upon them by said wrongful act, thereby causing said branch or run to overflow and pond back its waters upon plaintiff’s land, to his great damage, etc.” The…
1Opinion of the Court
HoKE, J.,
after stating the case: It is now well established with us that “Water cannot be diverted, but may be increased and accelerated.” The principle obtains in respect to both corporations and individual owners of property, and has been applied and illustrated in many well-considered decisions of the Court. Roberts v. Baldwin, 151 N. C., 407; Mizell v. McGowan, 129 N. C., 93; Hocutt v. R. R., 124 N. C., 214; Parker v. R. R., 123 N. C., 71. Stated in a way more directly relevant, it was held in Hocutt’s case, supra, that, “Neither a corporation nor an individual can divert water from its…
2Cases cited9 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- West v. RailroadSupreme Court of North Carolina · 1906
- Merrill v. . MerrillSupreme Court of North Carolina · 1885
- Mizell v. McGowan.Supreme Court of North Carolina · 1901
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
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3Cited by3 opinions
- Braswell v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1959
- Smith v. FelkelSupreme Court of Oklahoma · 1923
- Burris v. . CreechSupreme Court of North Carolina · 1941