Cherry v. . Williams
Supreme Court of North Carolina
Action beard on return to a temporary restraining order before Webb., J., at January Term, 1908, of Guilfobd. Tbe complaint .alleged and there was evidence tending to show: 1. That the plaintiffs are residents and citizens of the county and State aforesaid, and reside on Chestnut Street, in the city of Greensboro. 2. That the defendant, Dr. John Roy "Williams, is a practicing physician, residing in said city, on said street, and is the owner of a lot fronting fifty feet in…
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Action beard on return to a temporary restraining order before Webb., J., at January Term, 1908, of Guilfobd. Tbe complaint .alleged and there was evidence tending to show: 1. That the plaintiffs are residents and citizens of the county and State aforesaid, and reside on Chestnut Street, in the city of Greensboro. 2. That the defendant, Dr. John Roy "Williams, is a practicing physician, residing in said city, on said street, and is the owner of a lot fronting fifty feet in width on said Chestnut Street and running back a distance of something over two hundred feet in depth from said street.…
1Opinion of the Court
IIoKE, J".,
after stating tbe facts: The authorities in this State will uphold the position that, when there are facts in evidence which give good reason to believe that the owner of property in the residential portion of a thickly settled vicinity is about to devote it permanently to a use which imports serious menace to the health of the owners and occupants of adjacent property, such user should be restrained until the facts on which the rights of the parties depend can be properly determined at the final hearing. The conditions suggested, if established, come well within the definition of…
2Cases cited15 opinions
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Mayor of Baltimore v. Fairfield Improvement Co.Court of Appeals of Maryland · 1898
- Coker v. BirgeSupreme Court of Georgia · 1851
- Marshall v. Commissioners of Stanly CountySupreme Court of North Carolina · 1883
- Dorsey v. . AllenSupreme Court of North Carolina · 1881
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3Cited by20 opinions
- Densmore v. Evergreen Camp No. 147Washington Supreme Court · 1910
- Everett v. PaschallWashington Supreme Court · 1910
- Barrier v. TroutmanSupreme Court of North Carolina · 1949
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Shepard v. City of SeattleWashington Supreme Court · 1910
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