Dorsey v. Town of Henderson
Supreme Court of North Carolina
AotioN tried before Cooke, J., and a jury, at May Term, 1908, of Vance, to recover damages of tbe defendant for alleged injury to the plaintiff’s property, consisting of a building used for stores, .’situated on Garnett Street, in said town, caused by the grading and lowering of the sidewalk and street in front of the same.
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AotioN tried before Cooke, J., and a jury, at May Term, 1908, of Vance, to recover damages of tbe defendant for alleged injury to the plaintiff’s property, consisting of a building used for stores, .’situated on Garnett Street, in said town, caused by the grading and lowering of the sidewalk and street in front of the same. The following issues were submitted to the jury ; 1. “Did defendant, in grading and constructing the sidewalk in front of plaintiff’s store, grade and construct the same in a negligent, unlawful, wanton or improper manner?” Answer: “Yes.”- 2. “If yes, what damage is…
1Opinion of the CourtBeowN, J.
The evidence tends to prove that the plaintiff, during the year 1885, erected on Garnett Street, in the town of Henderson, a two-story brick building abutting on the sidewalk. At that time Garnett Street had been opened and, with the sidewalk, was in use by the public. In 1903 the municipal authorities, for the benefit and improvement of the town, inaugurated a scheme for the paving and improvement of the streets and the construction of a sewerage system. They employed a competent engineer, who, with his assistant engineer, drew up and submitted the plans and specifications of the work.
The…
2Cases cited9 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848
- Ward v. Commissioners of Beaufort CountySupreme Court of North Carolina · 1908
- Wright v. . the City of WilmingtonSupreme Court of North Carolina · 1885
- Small v. Councilman of EdentonSupreme Court of North Carolina · 1908
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3Cited by29 opinions
- In Re Annexation Ordinances Nos. 866-870, Etc.Supreme Court of North Carolina · 1961
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Miller v. JonesSupreme Court of North Carolina · 1945
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- Jenkins v. City of HendersonSupreme Court of North Carolina · 1938
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