Smith v. City of Goldsboro

Douglas, J.:

This is a proceeding for a mandamus to compel the defendant municipal corporation to appoint an arbitrator, in accordance with its ordinances and charter, to assess the damages claimed by the plaintiff for the additional servitude imposed upon certain streets, the fee of which was alleged to be in the plaintiff. There seems to have been no question as to the facts, as'no issues were submitted or asked to be submitted to the jury. The Court held as a conclusion of law that'the defendant should appoint an arbitrator as prayed in the complaint. The essential facts appear as follows:

Th…