Metz v. City of Asheville
Supreme Court of North Carolina
ActioN tried before Peebles, J:, and a jury, at March Term, 1908, of. Buncombe, to recover damages for the negligent killing of William Smith. At the conclusion of the evidence the court intimated an opinion that, upon the entire evidence, the defendant, as matter of law, was not liable, and that he would so instruct the jury. In deference to this intimation of opinion the plaintiff’submitted to nonsuit and appealed.
1Opinion of the CourtBrown, J.
Plaintiff sues to recover damages for tbe death of his intestate, caused by typhoid fever communicated by the condition of Reed Branch, a small stream emptying into the French Broad River, and which ran near the house where'said intestate resided. The defendant, under its charter, maintained a free public sewerage system, the mouth of which emptied into Reed Branch, a short distance beyond the city limits, above the house where intestate resided.
It is admitted that, with full knowledge of the conditions necessarily caused by the constant discharge of the sewerage of the city into the branch,…
2Cases cited13 opinions
- Love v. City of AtlantaSupreme Court of Georgia · 1894
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
- Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Plant Food Co. v. City of CharlotteSupreme Court of North Carolina · 1938
- Department of Transportation v. M.M. Fowler, Inc.Supreme Court of North Carolina · 2006
- Dayton v. . AshevilleSupreme Court of North Carolina · 1923
- Wilson v. City of PortlandOregon Supreme Court · 1936
- Pemberton v. City of GreensboroSupreme Court of North Carolina · 1935
26 more not listed; retrieve them via the Exa API.