Donnell v. City of Greensboro
Supreme Court of North Carolina
Appeal by defendant from Shaw, J., at August Term, 1913, of Guilford. Civil action to obtain an injunction restraining defendant from emptying its sewage into Muddy Branch and North Buffalo Creek and to recover damages on account of same.
Read the full summary
Appeal by defendant from Shaw, J., at August Term, 1913, of Guilford. Civil action to obtain an injunction restraining defendant from emptying its sewage into Muddy Branch and North Buffalo Creek and to recover damages on account of same. There was evidence on part of plaintiff tending to show that he lived 4% miles east of Greensboro and was the owner of about 434 acres of land lying on or adjacent to North Buffalo Creek and Muddy Branch, a tributary of same, and flowing into North Buffalo Creek above plaintiff’s land. That the land consisted of three tracts. One of 177 acres bought in 1870,…
1Opinion of the Court
Hoke, J.,
after stating tbe -facts: On tbe first and second issues and by reference to tbe pleadings, tbe evidence and tbe charge of tbe court, tbe plaintiff bas been allowed to recover $1,000, tbe damage done bis property by tbe creation and maintenance of an actionable nuisance on tbe part of defendant, and on careful consideration of tbe record we find no reason for disturbing tbe result of tbe trial.
Tbe decisions of tbis State are in approval of tbe principle tbat tbe owner can recover sucb damage for a wrong of tbis character, and tbat tbe .right is not affected by tbe fact tbat tbe acts…
2Cases cited12 opinions
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- State v. . MurphySupreme Court of North Carolina · 1911
- Platt Bros. v. City of WaterburySupreme Court of Connecticut · 1900
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Gold v. Pittsburgh, Cincinnati, Chicago & St. Louis RailwayIndiana Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- Jacobs v. City of SeattleWashington Supreme Court · 1916
- Jones v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
- Reynolds v. Adams Express Co.Supreme Court of North Carolina · 1916
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
23 more not listed; retrieve them via the Exa API.