Keenan v. Commissioners of New Hanover County
Supreme Court of North Carolina
Appeal by- defendants from Allen, J., at February Term, 1914, of New Hanover. Civil action, tried upon these issues: 1. Is tbe plaintiff tbe owner in fee and entitled to tbe immediate possession of tbe lands and premises' described in tbe complaint ? Answer: “Yes.” 2. Did tbe defendants wrongfully trespass upon and injure tbe plaintiff’s property, as alleged in tbe complaint? Answer: “Yes.” 3. Wbat damages, if any, is tbe plaintiff entitled to recover against tbe board of…
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Appeal by- defendants from Allen, J., at February Term, 1914, of New Hanover. Civil action, tried upon these issues: 1. Is tbe plaintiff tbe owner in fee and entitled to tbe immediate possession of tbe lands and premises' described in tbe complaint ? Answer: “Yes.” 2. Did tbe defendants wrongfully trespass upon and injure tbe plaintiff’s property, as alleged in tbe complaint? Answer: “Yes.” 3. Wbat damages, if any, is tbe plaintiff entitled to recover against tbe board of commissioners of New Hanover County? Answer: “$1,400.” 4. Wbat damages, if any, is tbe plaintiff entitled to recover…
1Opinion of the Court
BbowN, J.,
after stating the case: This is an action to recover damages against the board of commissioners in their corporate capacity, and also I. B. Rhodes, for entering upon the plaintiff’s land and taking rock from his quarry.
The defendant Rhodes leased to the board of commissioners certain lands containing a rock quarry, upon which the defendant board entered and quarried rock for the use of the county. This action is brought to recover damages from the county of New Hanover and I. B. Rhodes'for the alleged wrongful trespass.
Can the action be maintained against the county for the tort of…
2Cases cited3 opinions
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- Jones v. Commissioners of Franklin CountySupreme Court of North Carolina · 1902
- Hitch v. Commissioners of Edgecombe CountySupreme Court of North Carolina · 1903
3Cited by6 opinions
- Masters v. DunstanSupreme Court of North Carolina · 1962
- Snider v. City of High PointSupreme Court of North Carolina · 1915
- State ex rel. Hayes v. BillingsSupreme Court of North Carolina · 1954
- Meloy v. City of Santa MonicaCalifornia Court of Appeal · 1932
- Seibold v. City of KinstonSupreme Court of North Carolina · 1966
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