Smith v. Town of Morganton

Tbe plaintiff contends tbat be is a lower proprietor from whose land tbe natural flow of tbe-water in Henry River has been unreasonably diverted by tbe defendant; tbat by reason of such diversion tbe value of bis land has been diminished, and tbat be is entitled to tbe recovery of damages. His contention therefore involves tbe question of a riparian owner’s rights in a stream of water flowing through or adjacent to bis land. Such rights are governed by principles which have been settled and frequently applied.

Earnham says tbat a comprehensive statement of tbe rights of a riparian owner is…