Rhyne v. Flint Manufacturing Co.
Supreme Court of North Carolina
Appeal from a continuance of a restraining order to the bearing by Bay, J., at chambers in Charlotte, 10 October, 1921, from GastoN. The defendant company owns a tract of land on which is situated a cotton manufacturing plant of 23,040 spindles and a village of 70 tenement houses occupied by its employees.
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Appeal from a continuance of a restraining order to the bearing by Bay, J., at chambers in Charlotte, 10 October, 1921, from GastoN. The defendant company owns a tract of land on which is situated a cotton manufacturing plant of 23,040 spindles and a village of 70 tenement houses occupied by its employees. The plaintiff owns a contiguous tract of land of 252 acres, and the defendant has constructed and operates a septic tank and filter through which the sewage flows from said plant and tenement houses, and then through an open ditch located near a branch which runs through a part of…
1Opinion of the Court
Clare, 0. J.
The defendant seeks to assert the rights of a dominant tenant to flow the surface water and debris from its premises across the plaintiff’s land. The evidence is uncontradicted that the water that falls on defendant’s land would, if not diverted by the defendant, naturally flow in another direction (with a slight exception), and that the water used to flush defendant’s sewerage system is diverted from its natural flow. Upon these facts, aside from all question of pollution creating a nuisance, the defendant is a trespasser and plaintiff would be entitled to an injunction. The…
2Cases cited8 opinions
- Donnell v. City of GreensboroSupreme Court of North Carolina · 1913
- Roberts v. . BaldwinSupreme Court of North Carolina · 1909
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Jenkins v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1892
- Hyatt v. . MyersSupreme Court of North Carolina · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Harrisonville v. W. S. Dickey Clay Manufacturing Co.Supreme Court of the United States · 1933
- Cook v. Town of MebaneSupreme Court of North Carolina · 1926
- Lightner v. City of RaleighSupreme Court of North Carolina · 1934
- David Springer v. Joseph Schlitz Brewing CompanyCourt of Appeals for the Fourth Circuit · 1975
- Codd v. McGoldrick Lumber Co.Idaho Supreme Court · 1929
5 more not listed; retrieve them via the Exa API.