Briscoe v. Henderson Lighting & Power Co.
Supreme Court of North Carolina
Actxom heard upon demurrer to the complaint, by Coolce, J., at May Term, 1908, of VaNCE. The plaintiff, suing by his next friend, alleges that the defendant is a duly chartered corporation, engaged in supplying light to the inhabitants of Henderson, N. C., and heat and power to some of them; that the defendant has and operates its light and power and cheating plant on Spring Street, very near Main Street, of the town of Henderson, in a populous part of the said town, where…
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Actxom heard upon demurrer to the complaint, by Coolce, J., at May Term, 1908, of VaNCE. The plaintiff, suing by his next friend, alleges that the defendant is a duly chartered corporation, engaged in supplying light to the inhabitants of Henderson, N. C., and heat and power to some of them; that the defendant has and operates its light and power and cheating plant on Spring Street, very near Main Street, of the town of Henderson, in a populous part of the said town, where there is much passing; that the defendant has and operates a large, attractive briclc building, very large dynamos,…
1Opinion of the Court
CoNNOR,, J.
The diagram attached to the complaint shows that the defendant’s power house and engine room are located on Spring Street, which intersects with Main Street. The manager’s residence fronts on Main Street. At its intersection with Spring Street, adjacent to the dwelling, fronting on Main Street, is the theatre, and adjacent thereto is an open or vacant lot. In the rear of the dwelling there' is a high fence. Between this fence and the power and engine house is a vacant space, called in the complaint an “alleyway,” opening on Spring Street and extending the distance of the width of…
2Cases cited19 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Moran v. SturgesSupreme Court of the United States · 1894
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
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- Stark v. HoltzclawSupreme Court of Florida · 1925
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