Whichard v. Lipe

• Decision Date: 19 May 1943
• Docket Number: 670.
• Citation: Whichard v. Lipe, 223 N.C. 856, 25 S.E.2d 593 (N.C. 1943)
• Parties: WHICHARD v. LIPE.
• Court: North Carolina Supreme Court

25 S.E.2d 593

223 N.C. 856

WHICHARD v. LIPE.

No. 670.

Supreme Court of North Carolina

May 19, 1943

This was an action to recover damages for negligently discharging water charged with chemicals on plaintiff's land. On issues submitted the jury answered the first issue in favor of defendant, as follows: "1. Did the defendant negligently operate its plant so as to discharge harmful chemical substances upon property of the plaintiff through artificial drains, and thereby damage plaintiff's property during the years 1940 and 1941, as alleged in the complaint? Answer: No." From judgment on the verdict plaintiff appealed.

J.L Murphy, of Hickory, and Sapp & Sapp, of Greensboro, for defendant, appellant.

Gold McAnally & Gold, of High Point, for plaintiff appellee.

PER CURIAM.

The plaintiff brought an action against the defendant to recover damages for the injury and death of her intestate brought about by the alleged negligence of the defendant. In the court below the defendant made a motion for judgment as of nonsuit, which was declined. The plaintiff made a recovery and the defendant appealed to this Court, where the judgment of the court below declining the nonsuit was reversed and action dismissed. Whichard Soon thereafter the plaintiff renewed the action, and again recovered in the court below. The defendant appealed, assigning various...