Strickland v. Shew
Supreme Court of North Carolina
Appeal by plaintiff from Parker, J., March 1963 Session of New HANOVER. Action for damages for interference with an easement of access. These facts are established' by the pleadings: In 1956 defendant was ■the owner and developer of a residential subdivision in Wilmington known as Sherwood Forest. On September 19, 1956 he sold plaintiff a lot fronting on East Lake Shore Drive in the subdivision.
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Appeal by plaintiff from Parker, J., March 1963 Session of New HANOVER. Action for damages for interference with an easement of access. These facts are established' by the pleadings: In 1956 defendant was ■the owner and developer of a residential subdivision in Wilmington known as Sherwood Forest. On September 19, 1956 he sold plaintiff a lot fronting on East Lake Shore Drive in the subdivision. At that time the defendant exhibited to plaintiff a plat showing the general layout of Sherwood Forest and agreed that a street would be constructed along the south side of the lot. The deed Which…
1Opinion of the Court
134 S.E.2d 137 (1964)
261 N.C. 82
James T. STRICKLAND
v.
Richard A. SHEW.
No. 171.
Supreme Court of North Carolina.
January 17, 1964.
Poisson, Marshall, Barnhill & Williams, Wilmington, for plaintiff appellant.
Aaron Goldberg and John J. Burney, Wilmington, for defendant appellee.
SHARP, Justice.
At all times pertinent to a decision of this case Robin Hood Drive was not a public road. While the State Highway Commission is now maintaining it, the rights and liabilities of the parties are to be determined by their deed and not the rules applicable to a governmental agency when it opens or changes the…
2Cases cited19 opinions
- Tripp v. BagleyUtah Supreme Court · 1928
- Ingelson v. OlsonSupreme Court of Minnesota · 1937
- Hine v. BlumenthalSupreme Court of North Carolina · 1954
- Steadman v. Town of PinetopsSupreme Court of North Carolina · 1960
- Jenkins v. City of HendersonSupreme Court of North Carolina · 1938
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