Wheeler v. Norfolk-Carolina Telegraph & Telephone Co.
Supreme Court of North Carolina
Civil actioN tried- before Peebles, J., and a jury at September Term, 1915, of ChowaN. The action was by abutting owner to recover damages of defendant for wrongfully cutting trees on a sidewalk, which afforded shade and shelter to plaintiff’s property.
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Civil actioN tried- before Peebles, J., and a jury at September Term, 1915, of ChowaN. The action was by abutting owner to recover damages of defendant for wrongfully cutting trees on a sidewalk, which afforded shade and shelter to plaintiff’s property. It was 'admitted in the pleadings, or there was evidence on part of plaintiff tending to show, that plaintiff occupied a home and lot abutting on Oakum Street in the town of Edenton, N. 0., claiming to own same under a deed bearing date in 1893; that in the summer of 1914 two of defendant’s employees, acting under defendant’s instructions,…
1Opinion of the CourtHoke, J.
Our cases hold that an abutting owner may recover damages for cutting shade trees on the sidewalk, which afford protection to his property, where such cutting is done in furtherance of some private interest, individual or corporate; and this though the act complained of may have been sanctioned by the municipal authority. Moore v. Power Co., 163 N. C., 300; Brown v. Electric Co., 138 N. C., 535. Referring to these cases and the position they uphold, in Wood v. Land Co., 163 N. C., at p. 371, the Court said: “That case, Brown v. Electric Co., was made to rest chiefly on the position that,…
2Cases cited12 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Donahue v. . Keystone Gas Co.New York Court of Appeals · 1905
- Carmichael v. Southern Bell Telephone & Telegraph Co.Supreme Court of North Carolina · 1911
- Brown v. . Electric Co.Supreme Court of North Carolina · 1905
- Williams v. Carolina & Western RailroadSupreme Court of North Carolina · 1907
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3Cited by3 opinions
- Tripp v. . LittleSupreme Court of North Carolina · 1923
- Lee v. . LeeSupreme Court of North Carolina · 1920
- Matthews v. James Lumber Co.Supreme Court of North Carolina · 1924