{
  "id": 11252238,
  "name": "C. C. LEARY and Wife v. CAMDEN RUN DRAINAGE COMMISSIONERS",
  "name_abbreviation": "Leary v. Camden Run Drainage Commissioners",
  "decision_date": "1917-09-12",
  "docket_number": "",
  "first_page": "46",
  "last_page": "47",
  "citations": [
    {
      "type": "official",
      "cite": "174 N.C. 46"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "172 N. C., 25",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11252128
      ],
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        "/nc/172/0025-01"
      ]
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    {
      "cite": "172 N. C., 25",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11252128
      ],
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      "case_paths": [
        "/nc/172/0025-01"
      ]
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  "last_updated": "2023-07-14T18:13:24.898604+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. C. LEARY and Wife v. CAMDEN RUN DRAINAGE COMMISSIONERS."
    ],
    "opinions": [
      {
        "text": "Clark, C. J.\nThis case was before us at last term, Leary v. Drainage Comrs., 172 N. C., 25, and was fully considered.\nOn this trial, the evidence showed, as before, that the defendants, through their superintendent, had cut drainage canals whereby large quantities of water were gathered together from some '25,000 acres of land, including a large part of the Fountain tract in the Dismal Swamp and an area known as the Lake lands; that these waters were diverted from their natural flow into the main canal of the defendants\u2019 district; were brought through it to a point immediately opposite plaintiffs\u2019 lands, and then turned loose; that that canal was cut across one side of a wide area known as the Morgan Swamp, into which plaintiffs\u2019 lands had theretofore drained and over which the water would have spread out; that the canal was so negligently cut and the embankments so negligently constructed that the plaintiffs\u2019 lands, were left abutting upon a jug-shaped swamp area, into which the diverted water was turned, being penned up between the plaintiffs\u2019 high land and the canal bank and thus was forced back onto the ditches of the plaintiffs, pond-ing upon and injuring their lands. It also appeared that the canal was negligently and abruptly stopped at point \u201c400\u201d on the map, just opposite the plaintiffs\u2019 lands, and its mouth was left filled with debris, so that water stagnated and overflowed the banks of the \u2019 canal as above stated. There being no other way for it to go off, the water backed into the plaintiffs\u2019 ditches, stopping the flow of water therein from his lands.\nThe judgment in the proceedings creating the drainage district adopted another and an apparently adequate system of drainage. But its superintendent changed the plans and made the outlet of the main canal five feet narrower and shortened its length a mile and a half. \u2018There was evidence tending to show that the expense thus saved was used in draining the Fountain tract, in wbicb the superintendent was \u25a0personally interested.\nThe plaintiffs\u2019 lands were entirely out of the drainage district and \u25a0they wer'e not parties to the proceedings establishing it.\nThe case has been tried in accordance with the opinion in the case when here before and it is not necessary to repeat what was then said.\nUpon careful review of the exceptions taken, we find\nNo error.",
        "type": "majority",
        "author": null
      }
    ],
    "attorneys": [
      "Aydlett & Simpson and Ehrmghaus & Small for plaintiffs.",
      "Ward & Thompson for defendants."
    ],
    "corrections": "",
    "head_matter": "C. C. LEARY and Wife v. CAMDEN RUN DRAINAGE COMMISSIONERS.\n(Filed 12 September, 1917.)\nDrainage Districts \u2014 Negligence\u2014Waters\u2014Diversion of Flow \u2014 Damages.\nThe judgment awarding damages to tlie plaintiff, not residing in a drainage district or party to tide proceedings to establish, it, for the diversion of the waters by improper ditches, etc., to the -injury to his lands, is sustained under the' former opinion of the Court, 172 N. C., 25.\nAppeal by defendants from Bond, J., at Special May Term, 1917, of OURRITTTCK.\nAydlett & Simpson and Ehrmghaus & Small for plaintiffs.\nWard & Thompson for defendants."
  },
  "file_name": "0046-01",
  "first_page_order": 102,
  "last_page_order": 103
}