Wood v. Duke Land & Improvement Co.
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at September Term, 1913, of DURHAM. Civil action to recover damages for changing grade of street.
Read the full summary
Appeal by plaintiff from Devin, J., at September Term, 1913, of DURHAM. Civil action to recover damages for changing grade of street. There was evidence on part of plaintiff tending to show that, in 1912, plaintiff was the owner of a house and lot in the city of Durham, abutting on New Street in said city, the house being situated about 10 feet from the line and 4 feet above the grade line of the street; that this New Street was an established street in the city of Durham, having a recognized grade line, and plaintiff had turfed the slope down to the street and had a fairly good driveway -at…
1Opinion of the Court
IIoke, J.,
after stating the case: It is well established in this State, and very generally held elsewhere, that, unless the Constitution or some statutory regulation otherwise provides, an abutting owner may not recover for damages to his property caused by changing the grade of an established street when such change is done pursuant to proper municipal authority and there is no negligence in the method or manner of doing the work. Harper v. Lenoir, 152 N. C., 723; Dorsey v. Henderson, 148 N. C., 423; Jones v. Henderson, 147 N. C., 120; Wolf v. Pearson, 114 N. C., 621 Meares v. Wilmington, 31…
2Cases cited19 opinions
- Brodnax v. GroomSupreme Court of North Carolina · 1870
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- Oglesby v. AttrillSupreme Court of the United States · 1882
- Rosenthal v. City of GoldsboroSupreme Court of North Carolina · 1908
- McCormack v. PatchinSupreme Court of Missouri · 1873
14 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- Powell v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1919
- Milling Co. v. . Highway CommissionSupreme Court of North Carolina · 1925
- Bennett v. . R. R.Supreme Court of North Carolina · 1915
- Smith v. State Highway CommissionSupreme Court of North Carolina · 1962
11 more not listed; retrieve them via the Exa API.