McManus v. Southern Railway Co.
Supreme Court of North Carolina
ActioN for an alleged nuisance, known as tbe Old Rock Quarry of tbe city of Charlotte, tried, before Councill, J., and a jury, at January Term, 1909, of Mecklenbubg.
Read the full summary
ActioN for an alleged nuisance, known as tbe Old Rock Quarry of tbe city of Charlotte, tried, before Councill, J., and a jury, at January Term, 1909, of Mecklenbubg. There was allegation, with evidence, on tbe part of plaintiff, tending to show that plaintiff was tbe owner of a dwelling bouse and tenement property adjacent to tbe Old Rock .Quarry, in tbe city of Charlotte, and that — • “3. In or about tbe year 1890 tbe said defendant, o'r its grantors, leased and let tbe said tract or lot of land in tbe city of Charlotte for tbe purpose of opening a rock-quarry, and tbe said defendant • has…
1Opinion of the Court
Hoke, J.,
after stating the case: It is very generally held, uniformly so far as we have examined, both here and elsewhere, that in order for a private citizen to sustain an action by reason of a public nuisance, he must establish some damage or injury special and peculiar to himself and differing in kind and degree from that suffered in common with the general public. Pedrick v. Railroad, 143 N. C., 485. This limitation on a right of action, so expressed in many well-considered decisions, must be understood to apply in strictness where the wrong complained of consists in the unlawful…
2Cases cited8 opinions
- Bryant v. Metropolitan Life InsuranceSupreme Court of North Carolina · 1908
- Farmers Co-Operative Manufacturing Co. v. Albemarle & Raleigh RailroadSupreme Court of North Carolina · 1895
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
- Pedrick v. RailroadSupreme Court of North Carolina · 1906
- Reyburn v. SawyerSupreme Court of North Carolina · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Barrier v. TroutmanSupreme Court of North Carolina · 1949
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Butler v. F. R. Penn Tobacco Co.Supreme Court of North Carolina · 1910
- Vaughan v. . DavenportSupreme Court of North Carolina · 1912
- Reyburn v. . SawyerSupreme Court of North Carolina · 1904
2 more not listed; retrieve them via the Exa API.