Legal Opinion

Brown v. Virginia-Carolina Chemical Co.

Supreme Court of North Carolina

Decided April 29, 1914PublishedCited by 16 opinions

Appeal by defendant from Lyon, J., at January Term, 1914, of Dueham. Civil action to recover damages for an alleged nuisance.

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Appeal by defendant from Lyon, J., at January Term, 1914, of Dueham. Civil action to recover damages for an alleged nuisance. A succinct statement of ease appears in-tbe judgment, as follows : “This action having been tried before Whedbee, judge, at July Term, 1912, upon the following issues, towit: “1. Are the plaintiffs the owners of the property described in the complaint? “2. Has the plaintiffs’ property been injured by the wrongful act of the defendant, as alleged in the complaint? “3. What permanent damages, if any, have the plaintiffs sustained ? “And the jury at said term having for…

1Opinion of the CourtHoke, J.

On a former trial of cause there was verdict for plaintiff, fixing liability for a nuisance in the maintenance and operation of a manufactory of commercial fertilizers and assessing permanent damages at $300. Judgment having been entered on the verdict, plaintiff appealed, assigning for error a portion of the judge’s charge on the issue as to permanent damages. A new trial was awarded on this issue (see case, 162 N. C., 83), and the opinion having been certified down, the cause came on for a new trial of that issue before his Honor, C. C. Lyon, judge, as stated.

On the present trial, defendant…

2Cases cited7 opinions

  1. Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
  2. Chesapeake & Ohio Railway Co. v. RisonSupreme Court of Virginia · 1900
  3. Parker v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1896
  4. Harper v. Town of LenoirSupreme Court of North Carolina · 1910
  5. Geer v. Durham Water Co.Supreme Court of North Carolina · 1900

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3Cited by16 opinions

  1. Walker v. . BurtSupreme Court of North Carolina · 1921
  2. Barcliff v. Norfolk Southern RailroadSupreme Court of North Carolina · 1918
  3. Bizzell v. Auto Tire & Equipment Co.Supreme Court of North Carolina · 1921
  4. King v. Norfolk-Southern RailroadSupreme Court of North Carolina · 1918
  5. Hill ex rel. Ray v. Director-General of RailroadsSupreme Court of North Carolina · 1919

11 more not listed; retrieve them via the Exa API.

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