Elliott v. Tallassee Power Co.

Plaintiffs complain that the issues submitted were prejudicial and that the court ought to have submitted the issues they tendered. The issues submitted by the court not only followed the pleadings, but present the questions arising when a public nuisance is alleged with special and peculiar damages to individuals. McManus v. R. R., 150 N. C., 655; Pedrick v. R. R., 143 N. C., 485.

The issues arise on the pleadings (Geddie v. Williams, 189 N. C., 333; DeLoache v. DeLoache, 189 N. C., 394), and when the plaintiffs allege a public nuisance they cannot successfully complain that the court…