DAVIS v. CAHOON

No. 692SC105.

168 S.E.2d 70 (1969)

5 N.C. App. 46

George T. DAVIS and wife, Alma Lee C. Davis v. Carl M. CAHOON and wife, Celia G. Cahoon.

Court of Appeals of North Carolina.

Certiorari Denied August 29, 1969.


Attorney(s) appearing for the Case

John H. Hall and Gerald F. White, Elizabeth City, for plaintiff appellants.

John A. Wilkinson, Washington, for defendant appellees.


MORRIS, Judge.

This case involves the application of rules relating to the reciprocal rights and duties of upper and lower landowners with respect to the flow or course of surface waters.

Generally, there are two well-defined and recognized rules with respect to the right of a lower proprietor to obstruct and repel surface water draining from the land of a higher proprietor. One is the common law rule frequently referred to as the "common enemy" doctrine....

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