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SUTHERLAND v. HICKORY NUT CORPORATION

No. 7429SC695.

209 S.E.2d 301 (1974)

23 N.C. App. 434

Addie B. SUTHERLAND v. HICKORY NUT CORPORATION.

Court of Appeals of North Carolina.

November 6, 1974.

Attorney(s) appearing for the Case

Hamrick, Bowen & Nanney by James M. Bowen and Louis W. Nanney, Jr., Rutherfordton, for plaintiff-appellee.

A. Clyde Tomblin, Spindale, and Robert W. Wolf, Forest City, for defendant-appellant.

CAMPBELL, Judge.

In North Carolina, "[w]e follow the `Civil-Law Rule,' which recognizes a natural servitude of natural drainage as between adjoining lands, so that the lower owner must accept the surface water which naturally drains onto his land but, on the other hand, the upper owner cannot change the natural drainage so as to increase the natural burden." Midgett v. Highway Commission, 260 N.C. 241, 244, 132 S.E...

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