29 N.C. 20 | N.C. | 1846
In this decision we are of opinion his Honor erred. By the common law, when a tort to real property was not immediately injurious, but was consequential only, an action on the case was the only proper remedy; and when the act complained of constituted a nuisance, the action might be brought for every fresh continuance of the nuisance.Penruddock's case, 5 Rep., 101. As the action was usually brought to abate the nuisance, the damages in the first recovery were often merely nominal. If other suits became necessary through the obstinacy of the defendant, fresh actions were brought, until at length the defendant found it to his interest to submit to the law and abate the nuisance. Every man is bound so to use his own as not to injure his neighbor, and it never has been doubted that the overflowing of a neighbor's land gives to him a right of action on the case, in the first instance. This continued to be the law of this State up to 1809, when the act was passed under which these proceedings took place. The main object of the act, as declared by the Court in Gillett v. Jones,
PER CURIAM. Reversed.
Cited: Butner v. Keelhn,
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