State v. . Fisher
Supreme Court of North Carolina
This is a CRIMINAL aotioN for obstructing a public street and highway, tried before JSta/rbuek, Jtidge, and a jury, at the August Term, 1895, of the Superior Court of Guilford county.
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This is a CRIMINAL aotioN for obstructing a public street and highway, tried before JSta/rbuek, Jtidge, and a jury, at the August Term, 1895, of the Superior Court of Guilford county. The indictment was as follows: “The jurors for the State upon their oath present that on the first day of August, in the year of our Lord one thousand, eight hundred and ninety-five, there was and theretofore had been and still is in the county of Guilford a certain public road and street and common highway leading from the court house in Greensboro, in said county, in a northerly direction, towards, unto, and…
1Opinion of the Court
Avery, J.:
As a rule the right to the easement in a public highway is acquired either by dedication, the exercise of the power of eminent domain, or user. Kennedy v. Williams, 87 N. C., 6. After the execution of grants to the easement or the rendition of a final decree in condemnation proceedings, controversies seldom arise as to the existence of the servitude imposed by either of the two methods. Where the public claims title to the easement by user, however, the burden rests upon the State or its agencies, such as towns, as it does upon an individual claiming the right to pond water upon…
2Cases cited6 opinions
- Moose v. . CarsonSupreme Court of North Carolina · 1889
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- McCracken v. . McCrackenSupreme Court of North Carolina · 1883
- Frink v. . StewartSupreme Court of North Carolina · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- West v. SlickSupreme Court of North Carolina · 1985
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Insurance Co. v. . Carolina BeachSupreme Court of North Carolina · 1940
- Chesson v. . JordanSupreme Court of North Carolina · 1944
31 more not listed; retrieve them via the Exa API.