Hays v. . Askew
Supreme Court of North Carolina
ActioN of TRESPASS, tried before Caldwell, J., at the last Fall Term of Hertford Superior Court. The declaration against the defendant was for erecting upon a public road or avenue, a ware-house, so near to the storehouse of the plaintiff as to obstruct his rights, and cause his chimney, when the wind blew, to throw back the smoke into his store-room, and otherwise injure him.
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ActioN of TRESPASS, tried before Caldwell, J., at the last Fall Term of Hertford Superior Court. The declaration against the defendant was for erecting upon a public road or avenue, a ware-house, so near to the storehouse of the plaintiff as to obstruct his rights, and cause his chimney, when the wind blew, to throw back the smoke into his store-room, and otherwise injure him. It appeared, in evidence, that the plaintiff erected a storehouse, in 1849, on the side of a certain public road, leading to Ewer’s landing, and that the defendant, in 1856, erected a ware-house twenty feet long, twelve…
1Opinion of the CourtPearson, J.
The legal effect of the deed was to pass the soil of a part of the avenue to the plaintiff, leaving an easement or right of way, called an “ avenue,” in the defendant. It is clear that such is the legal effect of the deed; for otherwise, why v'as a part of the avenue included in the deed, and Avliere was the necessity of saying any thing about the purpose for which the defendant reserved an interest in sucli part ?
As the freehold vested in the plaintiff, we do not concur with his Honor in the opinion that the defendant might use it for the site of a ware-house, or for any other purpose than a…
2Cited by4 opinions
- Pendrey v. GodwinSupreme Court of Alabama · 1914
- International Trust Co. v. Palisade Light, Heat & Power Co.Supreme Court of Colorado · 1915
- Winstead v. . FarmerSupreme Court of North Carolina · 1927
- Youngerman-Reynolds Hardwood Co. v. HicksSupreme Court of Alabama · 1938