No specific laws identified for this ruling.
Trial court correctly found defendant liable for trespass caused by water damage from a broken water pipe on plaintiff's property and properly rejected defendant's affirmative defenses of easement by necessity and easement implied from prior use.
1. Trespass — failure to show affirmative defense — negligence — easement by necessity — easement implied from prior use The trial court did not err by finding that plaintiff established a prima facie case of defendant's trespass for damage caused by the break in a stub-out on plaintiff's property from a water pipe serving defendant's property and that defendant failed to establishPage 645 that it had any affirmative defense to the trespass, because: (1) there was sufficient evidence to support the trial court's finding that defendant owned the water that ran through the water pipe and subsequently flooded plaintiff's property thus causing damage to plaintiff's property; (2) although defendant argues on appeal that plaintiff negligently caused the release of water onto plaintiff's property and that defendant did not intentionally cause the water to enter onto plaintiff's property, at no point in the pleadings did defendant plead plaintiff's negligence as an affirmative defense nor did the trial court make any finding of fact regarding plaintiff's alleged negligence; (3) defendant failed to establish the affirmative defense of easement by necessity since the trial court's findings of fact properly supported the court's conclusions of law that it was not necessary that the pipe or stub-out be located on plaintiff's property in order for defendant to use and enjoy its property; and (4) defendant failed to establish the affirmative defense of easement implied from prior use when defendant did not meet the required test of permanency. 2. Damages and Remedies — reasonableness — trespass The trial court did not err in a trespass case by awarding plaintiff $122, 918.80 for damage caused by the break in a water pipe, because plaintiffs presented sufficient evidence to allow the trial court to calculate the damages to a reasonable deg
This summary was generated to explain the ruling in plain English and is not legal advice.
unemployment benefits; discharge; voluntary departure; misconduct; benefit eligibility.
second opinion evaluation, temporary partial disability, wage records
NCWHA, UDTP, severance payment, non-compete payment
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