Jones v. Town of Henderson
Supreme Court of North Carolina
Civil actiost, beard upon demurrer to complaint, by Neal, J., at September Term, 1901, of tbe Superior Court of VaNCE County. Tbis action was brought to recover damages for injury to tbe plaintiff’s premises, situated on Poplar (or Charles) Street, by tbe improper construction of a granolithic sidewalk in front of tbe same.
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Civil actiost, beard upon demurrer to complaint, by Neal, J., at September Term, 1901, of tbe Superior Court of VaNCE County. Tbis action was brought to recover damages for injury to tbe plaintiff’s premises, situated on Poplar (or Charles) Street, by tbe improper construction of a granolithic sidewalk in front of tbe same. Tbe plaintiff, after alleging tbe incorporation of tbe defendant as a town, with tbe usual powers to open and improve its streets, avers that, “in tbe year 1890, tbe plaintiff, having due regard to tbe long-established and existing grade of Charles (or Poplar) Street,…
1Opinion of the Court
Walker, J.,
after stating the case: The law requires that we shall construe a pleading liberally for the purpose of determining its effect, with a view to substantial justice between the parties. Revisal, sec. 495. The plaintiff has alleged that the defendant, by its commissioners, has raised the sidewalk in front of his house 18 inches, and that this was done in *123such a negligent and unskillful manner as to obstruct access to his premises and egress therefrom, and, further, that it was done unlawfully and wantonly. The plaintiff has the right of ingress to and egress from his lot, subject to…
2Cases cited10 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Bunch v. Town of EdentonSupreme Court of North Carolina · 1884
- Hitchins Bros. v. Mayor of FrostburgCourt of Appeals of Maryland · 1887
- Wright v. . the City of WilmingtonSupreme Court of North Carolina · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- Davis v. RhodesSupreme Court of North Carolina · 1949
16 more not listed; retrieve them via the Exa API.