Garrett v. Board of Commissioners
Supreme Court of North Carolina
This was a civil actioN, to recover damages for injury to land, tried before Ewe, J., at Spring Term, 1875, of the Superior Court of Chowan county. The plaintiffs were the owners, before and since to the present time, of certain lots in the town of Edenton, which they regularly cultivated. The defendants were the Board of Commissioners of the town of Edenton.
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This was a civil actioN, to recover damages for injury to land, tried before Ewe, J., at Spring Term, 1875, of the Superior Court of Chowan county. The plaintiffs were the owners, before and since to the present time, of certain lots in the town of Edenton, which they regularly cultivated. The defendants were the Board of Commissioners of the town of Edenton. Upon the trial in the court below, the plaintiffs introduced evidence tending to show that the defendants caused to be. opened a ditch upon the back of the town in September, 1873, by reason of which water was ponded upon the plaintiffs’…
1Opinion of the CourtReads, J.
The lands of the plaintiffs were used for cultivation and the production of crops; and they were flooded with water by .the defendants in the Fall of 1873, and in the winter of 1873 — 74. The action was commenced on the 4th of April, 1874. The injury complained of is, the flooding the land. Damages are demanded,
(1.) First, for injury to the crops;
(2.) Secondly, for injury to the plaintiff’s health;
(3.) For injury to the land itself.
We suppose there was no crop raised in the Fall or Winter. It is not alleged that there was. No point seems to have been made about health. So, as we understand…
2Cited by1 opinion
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