Gordon v. . Baxter
Supreme Court of North Carolina
Civil AotioN, for the recovery of damages, tried in the Superior Court of CurrituoK county, at Fall Term, 1875, before his Honor, Judge Jiure, and a jury. The plaintiff alleges in his complaint, that the defendant has obstructed the free use of a wharf, which has been dedicated to the public for over fifty years, and that on account of such obstruction he and others have been greatly endamaged in not being allowed to ship or receive freight thereat.
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Civil AotioN, for the recovery of damages, tried in the Superior Court of CurrituoK county, at Fall Term, 1875, before his Honor, Judge Jiure, and a jury. The plaintiff alleges in his complaint, that the defendant has obstructed the free use of a wharf, which has been dedicated to the public for over fifty years, and that on account of such obstruction he and others have been greatly endamaged in not being allowed to ship or receive freight thereat. The defendant denies that the wharf was ever dedicated to the public or that it is public property, and claims it asbe-longing to bis wife. Upon…
1Opinion of the CourtPeaesoN, C. J.
According to the issues found, the wharf in question ivas public property, to be enjoyed in its use by the citizens of the county of Currituck, and by all of the citizens of the State as well, who may choose to resort to it. So its obstruction by the defendant is a public nuisance.
In response to the issue, “ what damage, if any, has the plaintiff sustained by the obstruction of its use ?” the jury say “ norteP
This finding defeated the action and his Honor erred in not rendering judgment for the defendant. “Por any of those acts which are in the nature of a public nuisance, no individual is…
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