Webb v. Virginia-Carolina Chemical Co.
Supreme Court of North Carolina
Appeal by plaintiff from Daniels, J., at November Term, 1914, of Dtjeham. Plaintiff alleged and offered evidence tending to show that he was the owner of several residential houses in East Durham, N. C., in the vicinity of the guano factory of defendant company and, for a period, occupied one of them as his home; that for some time prior to the institution of the action defendant, in the operation of the said factory, had maintained an actionable nuisance, and particularly…
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Appeal by plaintiff from Daniels, J., at November Term, 1914, of Dtjeham. Plaintiff alleged and offered evidence tending to show that he was the owner of several residential houses in East Durham, N. C., in the vicinity of the guano factory of defendant company and, for a period, occupied one of them as his home; that for some time prior to the institution of the action defendant, in the operation of the said factory, had maintained an actionable nuisance, and particularly in the use and management of certain sulphuric acid chambers, and, by reason of continuous offensive and harmful odors…
1Opinion of the CourtHoke, J.
In actions to recover damages for nuisances and wrongs of like character, when tbe cause of tbe injury is of a permanent nature, tbe true test by wbicb to determine tbe right of plaintiff, at bis election, to recover bis entire damages, past, present, and prospective, in one ■action, has been said to depend on “whether tbe whole injury results from tbe original wrongful act or from the wrongful continuance of tbe state of facts produced by these acts.” In other words, whether tbe wrongful act is single and entire, though causing subsequent and continuous injury, or whether a defendant…
2Cases cited13 opinions
- Watts v. Norfolk & W. R.West Virginia Supreme Court · 1894
- Kansas Pacific Railway v. MihlmanSupreme Court of Kansas · 1876
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Hargreaves v. KimberlyWest Virginia Supreme Court · 1885
- Mast v. Sapp.Supreme Court of North Carolina · 1906
8 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Shearin v. LloydSupreme Court of North Carolina · 1957
- Bruton v. . Light Co.Supreme Court of North Carolina · 1940
- Phillips v. ChessonSupreme Court of North Carolina · 1950
- McKinney v. City of High PointSupreme Court of North Carolina · 1953
- Whiteside Estates, Inc. v. Highlands Cove, L.L.C.Court of Appeals of North Carolina · 2001
20 more not listed; retrieve them via the Exa API.