Briscoe v. . Parker
Supreme Court of North Carolina
Oxviu ACTION, tried by W. B. Allen, Jand a jury, at Spring Term, 1907, of the Superior Court of Gates County. This was an action by a lower proprietor against an upper for increasing the flow of water in such way as to obstruct and throw it on the plaintiff’s land and water-sog it.
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Oxviu ACTION, tried by W. B. Allen, Jand a jury, at Spring Term, 1907, of the Superior Court of Gates County. This was an action by a lower proprietor against an upper for increasing the flow of water in such way as to obstruct and throw it on the plaintiff’s land and water-sog it. There was evidence offered by plaintiff tending to show that defendant bad collected water that fell on his own land, and by means of ditches had conveyed the water into a ditch called Hawtree Branch, on his own land, which ran across the land of one Mullen and was for the purpose of draining the land of the…
1Opinion of the Court
Clark, 0. J.
The principle settled by our decisions is, that in the interest of health .and good husbandry better drainage is to be encouraged. Hence, an upper proprietor can accelerate and even increase the flow of water from his land, but due regard for the rights of the lower proprietor forbids that the flow of water should be diverted to his detriment. Hocutt v. Railroad, 124 N. C., 214; Mizell v. McGowan, 125 N. C., 439; s. c., 129 N. C., 93; Lassiter v. Railroad, 126 N. C., 509; Rice v. Railroad, 130 N. C., 376; Mullen v. Canal Co., ibid., 502. There was here evidence tending to show…
2Cases cited7 opinions
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Porter v. DurhamSupreme Court of North Carolina · 1876
- Mizell v. McGowan.Supreme Court of North Carolina · 1901
- Lassiter v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1900
- Mizzell v. . McGowanSupreme Court of North Carolina · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tennessee Gas Transmission Co. v. FoxWest Virginia Supreme Court · 1950
- Roberts v. . BaldwinSupreme Court of North Carolina · 1911
- Yowmans v. . HendersonvilleSupreme Court of North Carolina · 1918
- Yowmans v. City of HendersonvilleSupreme Court of North Carolina · 1918
- Darr v. Carolina Aluminum Co.Supreme Court of North Carolina · 1939
2 more not listed; retrieve them via the Exa API.