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MATHENY v. STONECUTTER MILLS CORPORATION

No. 21.

107 S.E.2d 143 (1959)

249 N.C. 575

Grover C. MATHENY, Administrator of the Estate of Johnny Matheny, Deceased, v. STONECUTTER MILLS CORPORATION. Clyde ERWIN, Administrator of the Estate of Albert Sanford Erwin, v. STONECUTTER MILLS CORPORATION.

Supreme Court of North Carolina.

February 25, 1959.

Attorney(s) appearing for the Case

Hamrick & Hamrick, Rutherfordton, for plaintiffs, appellants.

Harkins, Van Winkle, Walton & Buck, Asheville, and Hamrick & Jones, Rutherfordton, for defendant, appellee.

MOORE, Justice.

"The overwhelming weight of authority in this country is to the effect that ponds, pools, lakes, streams, reservoirs, and other bodies of water, do not per se constitute attractive nuisances. 56 Am.Jur., Waters, section 436, page 850. `The attractive nuisance doctrine generally is not applicable to bodies of water, artificial as well as natural, in the absence of some unusual condition or artificial feature other than the mere water and its...

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