State v. . Gross
Supreme Court of North Carolina
INDICTMENT for obstructing a road, tried before Bryan, J., and a jury, at Fall Term, 1895, of Watauga Superior Court. The jury returned a special verdict, the principal facts of which are set out in the opinion of Chief Justice FaiRoloth. His Honor held that, upon the special verdict, the defendants were not guilty and the Solicitor appealed.
1Opinion of the Court
Faikcloth, C. J. :
This is an indictment for obstructing a road traveled by citizens going to a church. The facts are found by the jury as follows: That about 60 years ago the road described in tbe indictment was first used as a neighborhood road by the public in passing to and from church, and to mill during highwater and in ice. No proceeding was ever had declaring it a public road and establishing it as such. No overseer or hands were ever assigned to said road. The road had been kept up by voluntary labor on the part of the neighbors interested in it. It extends in part over the lands of…
2Cases cited2 opinions
- State v. . FisherSupreme Court of North Carolina · 1895
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
3Cited by7 opinions
- Crockett v. First Federal Savings & Loan Ass'n of CharlotteSupreme Court of North Carolina · 1976
- Hemphill v. . Board of AldermenSupreme Court of North Carolina · 1937
- Levy v. Carolina Aluminum Co.Supreme Court of North Carolina · 1950
- State v. . LucasSupreme Court of North Carolina · 1899
- Merrimon v. . CommissionersSupreme Court of North Carolina · 1890
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