Moser v. City of Burlington
Supreme Court of North Carolina
Appeal by defendant from Garter, Jat May Term, 1912, of ALAMANCE. Civil action to recover damages for alleged nuisance, etc.
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Appeal by defendant from Garter, Jat May Term, 1912, of ALAMANCE. Civil action to recover damages for alleged nuisance, etc. There was allegation, with evidence on part of plaintiffs tending to show, that they were tbe owners of a tract of land in said county situate on Little Alamance Creek; that tbe bouse occupied by plaintiff for a residence was near tbe stream; there was also a mill on said creek, operated by water power, and a stone dam bad been’ erected across tbe stream to enable plaintiff to utilize said power, tbe bouse referred to being near tbe pond, etc.; tbat about one year…
1Opinion of the CourtHoKE, J.
While the general rule prevails in this State, “That unless a right of action is conferred by statute, a municipal corporation may not be held civilly liable to individuals for failure to perform or neglect in performing duties of a governmental character,” it is also well recognized that neither a corporation nor other governmental agency is allowed to create or maintain a nuisance causing appreciable damage to the property of a private owner, without being liable for it. As we have recently said in the case of Hines v. Rocky Mount, “To the extent of the damage thereby done, it is regarded…
2Cases cited6 opinions
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Metz v. City of AshevilleSupreme Court of North Carolina · 1909
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Duval v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1913
- Williams v. Town of GreenvilleSupreme Court of North Carolina · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Plant Food Co. v. City of CharlotteSupreme Court of North Carolina · 1938
- Department of Transportation v. M.M. Fowler, Inc.Supreme Court of North Carolina · 2006
- Donnell v. City of GreensboroSupreme Court of North Carolina · 1913
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Pemberton v. City of GreensboroSupreme Court of North Carolina · 1935
15 more not listed; retrieve them via the Exa API.