SPEIGHT v. GRIFFIN

No. 7418SC899.

212 S.E.2d 898 (1975)

25 N.C. App. 222

James T. SPEIGHT and Maggie B. Speight v. Elijah H. GRIFFIN and Edith V. Griffin.

Court of Appeals of North Carolina.

March 19, 1975.


Attorney(s) appearing for the Case

Norman B. Smith, Greensboro, for plaintiffs appellants.

Pell, Pell & Weston by Gerald A. Pell and Alston & Hart by E. L. Alston, Jr., Greensboro, for defendants appellees.


VAUGHN, Judge.

We agree with the trial judge's conclusion that there was no competent evidence to support a cause of action against defendants for diversion of the natural flow of surface water onto plaintiff's property.

In some respects the case is similar to Sykes v. Sykes, 197 N.C. 37, 147 S.E. 621 (1929), where plaintiff and defendants owned adjoining rural tracts fronting on the highway. The tracts were divided by what was found to be a private road....

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