Threadgill v. Board of Commissioners
Supreme Court of North Carolina
Counties — Municipal Corporations— Torts — Nuisance— Pleading. This is a civil ACTION, which was tried before Clark, J., at May Term, 1887, of ANSON Superior Court.
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Counties — Municipal Corporations— Torts — Nuisance— Pleading. This is a civil ACTION, which was tried before Clark, J., at May Term, 1887, of ANSON Superior Court. The plaintiffs, on the 1st day of October, 1883, instituted the present action agaiust the' Board of Commissionei’s of Anson County to recover damages for the erection and maintenance of an alleged nuisance, on the court-house square, and to have the same abated, and state their cause of action thus: 1. That the defendants are a body politic and corporate, with power to sue and be sued, implead and be impleaded, expressly so…
1Opinion of the Court
Smith, C. J.,
(after stating the case). The complaint imputes to the Board of County Commissioners, charged not as individuals in office but as a corporation representing the county, dereliction in public duty in permitting the privy to remain in a filthy and offensive condition to the hurt and annoyance of the plaintiffs and other near residents. It assumes the obligation to keep it in a cleanly manner to rest upon the board by virtue of vesting of the title to the premises in the board as a trustee for the public. The Code, § 707; sub secs. 5, 7, 8.
But the duty in reference to the public…
2Cases cited2 opinions
- State v. . HallSupreme Court of North Carolina · 1887
- State v. . FishblateSupreme Court of North Carolina · 1880
3Cited by12 opinions
- Pharr v. GaribaldiSupreme Court of North Carolina · 1960
- Moody v. State Prison.Supreme Court of North Carolina · 1901
- Moffitt v. . AshevilleSupreme Court of North Carolina · 1889
- Hull v. Roxboro.Supreme Court of North Carolina · 1906
- Moffitt v. City of AshevilleSupreme Court of North Carolina · 1889
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