Sanders v. Town of Smithfield

Tbe controversy in tbis case is identical in factual situation witb tbat presented in Sanders v. R. R., 216 N. C., 312, 4 S. E. (2d), 902, in wbicb tbe present defendant, tbe town of Smitbfield, was a party; but there is a substantial difference in tbe parties and tbe kind of action now brought. In tbe former case tbe plaintiffs sought recovery against tbe railroad company and the city for the commission of a tort in obstructing tbe street upon wbicb plaintiffs’ property abuts, and thereby creating and maintaining a nuisance, to tbe detriment of tbe plaintiffs’ easement in tbe street and…