Legal Opinion

Duckworth v. Mull.

Supreme Court of North Carolina

Decided December 22, 1906PublishedCited by 8 opinions

ActioN by Frank Duckworth against F. K. Mull, beard on appeal from a justice of tbe peace by Judge O. H. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of Buree.

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ActioN by Frank Duckworth against F. K. Mull, beard on appeal from a justice of tbe peace by Judge O. H. Allen and a jury, at tbe June Term, 1906, of tbe Superior Court of Buree. Tbe plaintiff made demand in tbe sum of fifty dollars ($50) for damage done to bis property and premises by defendant in depositing tbe carcass of a dead horse near tbe lands of tbe plaintiff, whereby tbe comfort and enjoyment of bis borne were impaired and a nuisance committed to bis premises by tire filth and stencb arising and flowing therefrom. There Was evidence on the part of the plaintiff tending to show that…

1Opinion of the Court

WALKER and CONNOR, JJ., dissenting. The plaintiff made demand in the sum of fifty dollars ($50) for damage done to his property and premises by defendant in depositing the carcass of a dead horse near the lands of the plaintiff, whereby the comfort and enjoyment of his home were impaired and a nuisance (462) committed to his premises by the filth and stench arising and flowing therefrom.

There was evidence on the part of the plaintiff tending to show that the defendant, on 22 June, 1904, had placed in a gully above his (plaintiff's) spring and premises, the carcass of a horse; that the point…

2Cases cited5 opinions

  1. Chicago, Burlington & Quincy Railroad v. DunnIllinois Supreme Court · 1869
  2. Hubbard v. BrainardSupreme Court of Connecticut · 1869
  3. Gibson v. GibsonWisconsin Supreme Court · 1877
  4. Dunlap v. Toledo, Ann Arbor & Grand Trunk Railway Co.Michigan Supreme Court · 1883
  5. Watson v. Farmer.Supreme Court of North Carolina · 1906

3Cited by8 opinions

  1. Rhyne v. K-Mart Corp.Supreme Court of North Carolina · 2004
  2. Mid-City Bank & Trust Co. v. MyersSupreme Court of Pennsylvania · 1941
  3. Houser Ex Rel. Oakes v. BonsalSupreme Court of North Carolina · 1908
  4. Wilson v. Life Insurance Co.Supreme Court of North Carolina · 1911
  5. Williams v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910

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