Ham v. City of Durham

In an action involving this same property, and where a diagram of it appears, Hester v. Traction Co., 138 N. C., 288, 50 S. E., 711, Clark, C. J., delivering the opinion of the Court, said:

“The sidewalk is simply a part of the street Avhich the town authorities have set apart for the use of pedestrians. 27 A. & E. Enc. (2 ed.), 103; Ottawa v. Spencer, 40 Ill., 217; Chicago v. O'Brien, 53 Am. Rep., 640. Tlie abutting proprietor has no more right in the sidewalk than in the roadway. His rights are simply that the street (including roadway and sidewalk) shall not be closed or obstructed so as to…