Public-domain · open source
OpenJurist

65 N.C. 560

Austin v. Helms

Supreme Court of North Carolina

Decided June 15, 1871

Supreme Court of North Carolina · decided 1871-06-15

Special proceedings to recover damages for the ponding back water on the plaintiff’s lands, so as to obstruct the mill wheels of the plaintiffj on an appeal from the Superior Court of Union County, tried before BiKctpn, J., at Spring Term, 1871, of Union Superior Court.

Cited by 2 later decisions — most recently April 1952

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1871-06-15

View the full empirical analysis of this case →

Dick, J.

¶1We have considered ¡the various exceptions filed by the defendants, and concur in the opinion of his Honor.

¶2The 6th exception was the only one insisted upon hy the counsel in this Court. Under the Act of 1868 — ’69, a person injured by the erection of a public mill, is entitled to have his damages assessed by three Commissioners, appointed in the manner prescribed in said Act.

¶3There is no provision in the Act requiring all the Commissioners to concur in the report; and the action of a majority is sufficient, as in other cases, where three or more public officers, or other persons are entrusted with the exercise of joint authority. Rev. Code, chap. 102, sec. 2.

¶4Per Curiam. Judgment affirmed.

/65/nc/560 · .json · Public domain