{
  "id": 8626096,
  "name": "C. A. RAGAN v. CITY OF THOMASVILLE",
  "name_abbreviation": "Ragan v. City of Thomasville",
  "decision_date": "1928-11-14",
  "docket_number": "",
  "first_page": "260",
  "last_page": "262",
  "citations": [
    {
      "type": "official",
      "cite": "196 N.C. 260"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
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      "cite": "66 S. E., 346",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
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    {
      "cite": "151 N. C., 408",
      "category": "reporters:state",
      "reporter": "N.C.",
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    {
      "cite": "84 S. E., 290",
      "category": "reporters:state_regional",
      "reporter": "S.E.",
      "opinion_index": 0
    },
    {
      "cite": "168 N. C., 268",
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      "reporter": "N.C.",
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      "cite": "88 S. E., 495",
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      "reporter": "S.E.",
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    {
      "cite": "171 N. C., 365",
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      "reporter": "N.C.",
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        11270356
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      "cite": "115 S. E., 827",
      "category": "reporters:state_regional",
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      "opinion_index": 0
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    {
      "cite": "185 N. C., 12",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8655165
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  ],
  "analysis": {
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    "char_count": 4516,
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  "last_updated": "2023-07-14T19:28:30.620798+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "C. A. RAGAN v. CITY OF THOMASVILLE."
    ],
    "opinions": [
      {
        "text": "Pee Cukiam.\nDefendant, a municipal corporation, constructed a sewerage disposal system in 1912. This action was begun on 17 October, 1927, to recover damages for injuries to plaintiff\u2019s lands and crops caused by the discharge of sewage from said system into a creek which runs through plaintiff\u2019s land. This land is located about two miles from defendant\u2019s septic tank. Plaintiff alleges that defendant\u2019s sewerage system is defective in construction and that it is negligently operated. There was evidence tending to sustain these allegations, and also to sustain plaintiff\u2019s allegations that his land and crops had been injured by defendant\u2019s negligence. Assignments of error based upon defendant\u2019s exceptions pertinent to the first and third issues cannot be sustained. These exceptions are to rulings of the court upon defendant\u2019s objections to evidence offered by plaintiffs, and to the refusal of the court to allow defendant\u2019s motion for judgment as of nonsuit.\nThere was conflict in the evidence with respect to when plaintiff\u2019s cause of action accrued. There was evidence tending to show that the land now owned by plaintiff was injured when defendant\u2019s sewerage disposal system was constructed in 1912, and that the injuries complained of resulted from a continuous trespass on said land, which began more than three years prior to the commencement of this action. There was evidence also tending to show that the first substantial injury to said land occurred within three years prior to the commencement of this action, and that the injuries resulted from trespasses which were irregular, intermittent and variable. The injuries to plaintiff\u2019s lands and crops were caused by the overflow of water from the creek upon plaintiff\u2019s meadow land. The quantity of sewage discharged from defendant\u2019s septic tank into the creek had been gradually and greatly increased by reason of the growth in population of the city of Thomasville within the past few year\u2019s. Neither plaintiff nor defendant prayed that permanent damages be assessed for the taking or appropriation of plaintiff\u2019s land. Under instructions of the court, damages were assessed only for three years next preceding the trial.\nThe contentions of both parties with respect to the answer to the second issue were submitted to the jury, under instructions as to the law, which are supported by authoritative decisions of this Court. Dayton v. Asheville, 185 N. C., 12, 115 S. E., 827; Cardwell v. R. R., 171 N. C., 365, 88 S. E., 495; Barcliff v. R. R., 168 N. C., 268, 84 S. E., 290; Roberts v. Baldwin, 151 N. C., 408, 66 S. E., 346. The jury having found from the evidence that the first substantial injury to plaintiff\u2019s land occurred within three years prior to the commencement of the action, and that the injuries complained of resulted from trespasses which were irregular, intermittent and variable, under proper instructions, answered the second issue as set out in the record. Assignments of error with respect to the trial of the second issue cannot be sustained. The judgment is affirmed. We find\nNo error.",
        "type": "majority",
        "author": "Pee Cukiam."
      }
    ],
    "attorneys": [
      "Samuel W. Ruark, McCrary & DeLapp and Phillips & Bower for plaintiff.",
      "Roper & Roper and R. R. Kyser for defendant."
    ],
    "corrections": "",
    "head_matter": "C. A. RAGAN v. CITY OF THOMASVILLE.\n(Filed 14 November, 1928.)\nLimitation of Actions \u2014 Computation of Period of Limitation \u2014 Accrual of Bight of Action \u2014 Trespass.\nWhere damages are sought for the flooding of the plaintiff\u2019s land, caused by the negligent construction and operation by a city of its sewage disposal plant, the verdict of the jury that the statute of limitations did not bar the right of action will be upheld where there is evidence that the trespass was not continuous, but was intermittent and variable, and that the first substantial damage occurred within three years next before the commencement of the action.\nAppeal by defendant from Harwood, Special Judge, at July Term,\n1928, of DavidsoN.\nNo error.\nAction to recover damages for injuries to plaintiff\u2019s lands and crops, caused by the negligent construction and operation of defendant\u2019s sewerage disposal system.\nThe issues were answered by the jury as follows:\n1.' Were the lands and crops of the plaintiff damaged by reason of the negligence of defendant, as alleged in the complaint? Answer: Yes.\n2. If so, is the plaintiff\u2019s claim barred by the statute of limitations? Answer: No.\n3. What amount of damages, if any, is the plaintiff entitled to recover ? Answer: $600.\nFrom judgment on the verdict defendant appealed to the Supreme Court.\nSamuel W. Ruark, McCrary & DeLapp and Phillips & Bower for plaintiff.\nRoper & Roper and R. R. Kyser for defendant."
  },
  "file_name": "0260-01",
  "first_page_order": 340,
  "last_page_order": 342
}