Harrington v. Town of Greenville
Supreme Court of North Carolina
Appeal by plaintiff from Fovsbee, J., at February Term, 1911, of Pitt. Civil action beard on demurrer to tbe complaint. Tbe material portions of tbe complaint are as follows: “That- from time to time, for a number of years prior to 23 February, 1910, tbis plaintiff repeatedly called tbe attention of tbe governing body of said town of Greenville and requested them, as members, botb personally and in -meeting, of said-board of aldermen, to examine tbe dangerous condition of…
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Appeal by plaintiff from Fovsbee, J., at February Term, 1911, of Pitt. Civil action beard on demurrer to tbe complaint. Tbe material portions of tbe complaint are as follows: “That- from time to time, for a number of years prior to 23 February, 1910, tbis plaintiff repeatedly called tbe attention of tbe governing body of said town of Greenville and requested them, as members, botb personally and in -meeting, of said-board of aldermen, to examine tbe dangerous condition of tbe property known as Kings stables, tbe buildings of Sam Oberry, and tbe old Flanagan buggy shops as a source of danger…
1Opinion of the CourtHoke, J.
As we interpret tbe complaint, plaintiff states and intends to state bis grievance in two aspects: (1) That bis property was destroyed by reason, of negligent failure of tbe city of Greenville to abate a nuisance wbicb threatened tbe result; (2) that tbe injury arose in whole or in part from negligent default in equipment and operation of a fire department maintained by tbe city for tbe public benefit; and under our decisions both questions must be resolved against him.
It is well recognized with us that unless a right of action is given by statute, municipal corporations may not be held…
2Cases cited13 opinions
- Fisher v. City of BostonMassachusetts Supreme Judicial Court · 1870
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Jewett v. City of New HavenSupreme Court of Connecticut · 1871
- Harrington v. Commissioners of WadesboroSupreme Court of North Carolina · 1910
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
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3Cited by29 opinions
- Hagerman v. City of SeattleWashington Supreme Court · 1937
- Millar v. Town of WilsonSupreme Court of North Carolina · 1942
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Guilford Realty & Insurance Co. v. Blythe Bros. Co.Supreme Court of North Carolina · 1963
- James Ex Rel. James v. City of CharlotteSupreme Court of North Carolina · 1922
24 more not listed; retrieve them via the Exa API.