Meares v. Commissioners of the Town of Wilmington
Supreme Court of North Carolina
Appeal from the- Superior Court of Law of New-Hanover County, at a Special Term in January, 1847, his Honor Judge Manly presiding.
Read the full summary
Appeal from the- Superior Court of Law of New-Hanover County, at a Special Term in January, 1847, his Honor Judge Manly presiding. This was an action on the case, to recover damages of the defendants for causing, one of the streets in the town of Wilmington to be cut down to the depth of four or five feet, by which the earth of a certain lot, lying on the said street, was caused to fall, bearing with it sundry brick walls on the said lot, and rendering it necessary to the plaintiff to be at great expense in reconstructing said walls, and either lo grade down the said lot to its former…
1Opinion of the CourtPearson, J.
We think the charge of his Honor was fully as favorable to the defendants, as they had a right to ask. The whole of it is in their favor, except the instruction : “That if, in doing the work, ordinary skill and caution had not been used, and the plaintiff was damaged thereby, she was entitled to recover.”
It is true, his Honor did not instruct the jury, what would amount to ordinary skill and caution ; but no such instruction was asked for ; and the defendants have no right now to except, because it was not given.
Our consideration is, therefore, confined to the single instruction above stated.
H…
2Cases cited2 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by33 opinions
- Smith v. StateSupreme Court of North Carolina · 1976
- Steelman v. City of New BernSupreme Court of North Carolina · 1971
- Dorsey v. Town of HendersonSupreme Court of North Carolina · 1908
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Miller v. JonesSupreme Court of North Carolina · 1945
28 more not listed; retrieve them via the Exa API.