Parker v. Barefoot

WYNN, Judge.

The appealing parties in this case present one issue for us to consider: “Whether the trial court’s denial of plaintiffs’ written request to *19instruct the jury that the law does not recognize as a defense to a claim of nuisance that defendants used the best technical knowledge available at the time to avoid or alleviate the nuisance constitutes reversible error?” We answer: “Yes”; and therefore award the plaintiffs a new trial.

The plaintiffs in this case own and reside on certain tracts of land located in the Town of Four Oaks in Johnston County, North Carolina. In close proximity…