Jackson v. . Kearns

Clare, O. J.

It is well settled in this State that the upper proprietor has no right to collect the water and divert it from its natural flow and discharge it upon the land of the lower proprietor. Jenkins v. R. R., 110 N. C., 443, and citations thereto in Anno. Ed. The sole question presented in this case is whether the judge properly held that the judgment for damages in a former action sustained from the diversion of water in the freshet of 1913 whereby'the plaintiff’s land and crop were injured, was an estoppel upon the plaintiffs to maintain this action for the damages resulting in 1919…