Ford v. . Manning
Supreme Court of North Carolina
Appeal from Guión, J., December Term, 1909, of Pitt. Proceedings to obtain and lay off a cartway, beard on appeal from judgment and order of board of commissioners. Tbe proceedings were instituted before tbe board of supervisors of tbe township, on notice duly given and served, and on petition setting forth a statement in part as follows: “Tbe petition of tbe undersigned, MeGr.
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Appeal from Guión, J., December Term, 1909, of Pitt. Proceedings to obtain and lay off a cartway, beard on appeal from judgment and order of board of commissioners. Tbe proceedings were instituted before tbe board of supervisors of tbe township, on notice duly given and served, and on petition setting forth a statement in part as follows: “Tbe petition of tbe undersigned, MeGr. Ford, of Bethel Township, Pitt County, respectfully sbowetb to your honorable board that a cartway is necessary from tbe old homestead of, formerly known as tbe Betsy Ford place, now owned by him, said MeGr. Ford,…
1Opinion of the CourtHoke, J.
Tbe right to award a cartway over tbe lands of another, in favor of an individual citizen, referred by most of tbe cases to tbe police power, when tbe necessity for it exists and in a manner tbat is reasonable and just, has been too long established with us to require or permit discussion. May v. Thigpen, 107 N. C., 63; Warlick v. Bowman, 103 N. C., 122; Pool v. Trexler, 76 N. C., 297; Norfleet v. Cromwell, 70 N. C., 634.
And while many of the decisions are to tbe effect tbat these statutes, being in derogation of common right, should be strictly construed, and tbe petitioner required to bring…
2Cases cited4 opinions
- Norfleet v. CromwellSupreme Court of North Carolina · 1874
- Warlick v. . LowmanSupreme Court of North Carolina · 1889
- Pool v. . TrexlerSupreme Court of North Carolina · 1877
- Mayo v. . ThigpenSupreme Court of North Carolina · 1890
3Cited by3 opinions
- State Ex Rel. King County v. State Tax CommissionWashington Supreme Court · 1933
- Gorham v. Southern Railway Co.Supreme Court of North Carolina · 1912
- Brown v. . GlassSupreme Court of North Carolina · 1948