Hoyle v. City of Hickory
Supreme Court of North Carolina
Appeal by defendant from Webbv J., at February Term, 1914, of Catawba. Tbis case was before us a year q.go, and was then decided in favor of tbe defendant to tbe extent of granting a new trial. Tbe action was brought to recover damages for negligently constructing a fill in front of plaintiff’s home on Ninth Street in the said city, for the purpose of grading and improving that thoroughfare.
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Appeal by defendant from Webbv J., at February Term, 1914, of Catawba. Tbis case was before us a year q.go, and was then decided in favor of tbe defendant to tbe extent of granting a new trial. Tbe action was brought to recover damages for negligently constructing a fill in front of plaintiff’s home on Ninth Street in the said city, for the purpose of grading and improving that thoroughfare. The allegation is that the fill left the plaintiff’s lot far below the level of the street. It was below before the street was graded, but the depth had been increased, so that the lot was greatly damaged…
1Opinion of the Court
Walker, J.,
after stating the case: It was decided in the former appeal that, while plaintiffs could not recover for any detriment to their property which was the result merely of the proper grading of the street, which had been done in the due exercise of the discretionary power of the city to make needed improvements, it being damnum absque injuria, yet they could recover for any damage done thereto which was caused by a negligent grading of the street, following the principle as adopted in numerous decisions of this Court. Meares v. Wilmington, 31 N. C., 73; Salisbury v. R. R., 91 N. C.,…
2Cases cited12 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Jeffress v. Town of GreenvilleSupreme Court of North Carolina · 1911
- Meares v. Commissioners of the Town of WilmingtonSupreme Court of North Carolina · 1848
- Ward v. Commissioners of Beaufort CountySupreme Court of North Carolina · 1908
- Wright v. . the City of WilmingtonSupreme Court of North Carolina · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. NorrisSupreme Court of North Carolina · 1955
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Bennett v. . R. R.Supreme Court of North Carolina · 1915
- Broadhurst v. . Blythe Brothers Co.Supreme Court of North Carolina · 1941
- Honeycutt v. Cherokee Brick Co.Supreme Court of North Carolina · 1929
15 more not listed; retrieve them via the Exa API.