Legal Opinion · Dissent

Crowell v. City of Monroe

Supreme Court of North Carolina

Decided April 27, 1910PublishedCited by 1 opinion

Appeal from Lyon, J., at February Term, 1910, of UnioN. Civil action for damages for wrongfully closing a public street.

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Appeal from Lyon, J., at February Term, 1910, of UnioN. Civil action for damages for wrongfully closing a public street. These issues were submitted: 1. Is the feme plaintiff the owner of the lots and property, as alleged in the complaint? Answer: Tes. 2. Has the defendant wrongfully closed, or caused to be closed, that portion of Church Street on which feme plaintiff’s property abuts, as alleged in the complaint? Answer: Tes. 3. Has the defendant; by closing Church Street at the railroad crossing, interfered with the ingress and egress of plaintiff’s property, as alleged in the complaint?…

1DissentHoke, J.

Action for damages for wrongfully closing a public street. These issues were submitted:

1. Is the feme plaintiff the owner of the lots and property, as alleged in the complaint? Answer: Yes.

2. Has the defendant wrongfully closed, or caused to be closed, that portion of Church Street on which feme plaintiff's property abuts, as alleged in the complaint? Answer: Yes.

3. Has the defendant, by closing Church Street at the railroad crossing, interfered with the ingress and egress of plaintiff's property, as alleged in the complaint? Answer: Yes.

4. What damage, if any, has the plaintiff sustained by…

2Cases cited5 opinions

  1. Moose v. . CarsonSupreme Court of North Carolina · 1889
  2. City of East St. Louis v. O'FlynnIllinois Supreme Court · 1887
  3. Dorsey v. Town of HendersonSupreme Court of North Carolina · 1908
  4. Cherry v. City of Rock HillSupreme Court of South Carolina · 1897
  5. McMicken v. PerinSupreme Court of the United States · 1858

3Cited by1 opinion

  1. Hiatt v. City of GreensboroSupreme Court of North Carolina · 1931

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