Legal Opinion

Shaw v. City of Greensboro

Supreme Court of North Carolina

Decided November 12, 1919PublishedCited by 4 opinions

Appeal by defendant from Lane, J., at tbe February Term, 1919, of Guilpoed. This is an action to recover damages alleged to have been caused by the negligence of the city of Greensboro in the improvement of certain streets, and in the diversion of surface water, and also by leaving open a certain pipe in the basement of plaintiff’s house. The jury returned a verdict of $750 for plaintiff, upon which the court rendered judgment, and the defendant ■ appealed.

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Appeal by defendant from Lane, J., at tbe February Term, 1919, of Guilpoed. This is an action to recover damages alleged to have been caused by the negligence of the city of Greensboro in the improvement of certain streets, and in the diversion of surface water, and also by leaving open a certain pipe in the basement of plaintiff’s house. The jury returned a verdict of $750 for plaintiff, upon which the court rendered judgment, and the defendant ■ appealed. The evidence tended to show that in 1915 or 1916 defendant improved North Elm Street by resurfacing it with asphalt, which raised the…

1Opinion of the CourtAlleN, J.

There is no evidence upon which tbe first prayer for instruction can be predicated, as tbe only reference to an extraordinary rainfall in tbe record is that several witnesses testified that they went to tbe house of tbe plaintiff in tbe summer of 1916 and saw a large quantity of water in tbe basement, and that tbe occasion to which they referred was at tbe time of a rainstorm of unusual size for tbis section. They also testified that they bad seen water standing about the bouse at other times when tbe rainfall was moderate, and usual in quantity.

“An ‘unusual flood of rain’ does not indicate a…

2Cases cited5 opinions

  1. Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
  2. Wright v. . the City of WilmingtonSupreme Court of North Carolina · 1885
  3. Roberts v. . BaldwinSupreme Court of North Carolina · 1911
  4. Cardwell v. Norfolk & Western RailwaySupreme Court of North Carolina · 1916
  5. Waters v. . KearSupreme Court of North Carolina · 1915

3Cited by4 opinions

  1. Lyda v. Town of MarionSupreme Court of North Carolina · 1954
  2. Pendleton v. . WilliamsSupreme Court of North Carolina · 1918
  3. United States Railroad Administration v. Hilton Lumber Co.Supreme Court of North Carolina · 1923
  4. Reliance Insurance v. North Carolina National BankCourt of Appeals of North Carolina · 1979

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