Rosenthal v. City of Goldsboro
Supreme Court of North Carolina
AotioN beard before Guión, J., on case agreed, June Terra, 1908, of WayNE, to restrain tbe defendant from cutting down certain shade trees on the streets and sidewalks, within the corporate limits of the city of Goldsboro.
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AotioN beard before Guión, J., on case agreed, June Terra, 1908, of WayNE, to restrain tbe defendant from cutting down certain shade trees on the streets and sidewalks, within the corporate limits of the city of Goldsboro. It appeared that the city authorities, in charge and control of the matter, having concluded that the roots from certain shade trees along the streets of the city obstructed and threatened the safety of the city sewerage, ordered removal of the trees, and, thereupon, the plaintiff, owning and occupying a residence abutting on the streets, and which would be injuriously…
1Opinion of the Court
Hoice, J.,
after stating the case: The decisions of this. State are against the plaintiff’s position, and the ruling of the Court below, upholding it; notably, the case of Tate v. Greensboro, 114 N. C., 392. That was a case involving the right of a city to remove shade trees from the streets and sidewalks, and the Court held as follows:
“1. A city has exactly the same rights in, and is under the same responsibilities for, a street which it controls by dedica tion. only as in and for one which has been granted or condemned; and the rights of the abutting proprietor are no greater in such street…
2Cases cited9 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- City of Mt. Carmel v. ShawIllinois Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- In Re Appeal of ParkerSupreme Court of North Carolina · 1938
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Wadsworth v. Town of MiddletownSupreme Court of Connecticut · 1920
- Harden v. City of RaleighSupreme Court of North Carolina · 1926
- In Re Pine Hill Cemeteries, Inc.Supreme Court of North Carolina · 1941
39 more not listed; retrieve them via the Exa API.