Combs v. County Commissioners
Supreme Court of North Carolina
Appeal by defendant from Olin&, J., at chambers, in WiNstoN-Salem. Action instituted by the plaintiffs, abutting landowners, on a public highway leading from Leaksville-Spray to Reidsville. The defendants, the county commissioners and the superintendent of roads of Rocking-ham County, are undertaking in their official capacity to permanently improve said road by topsoiling.
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Appeal by defendant from Olin&, J., at chambers, in WiNstoN-Salem. Action instituted by the plaintiffs, abutting landowners, on a public highway leading from Leaksville-Spray to Reidsville. The defendants, the county commissioners and the superintendent of roads of Rocking-ham County, are undertaking in their official capacity to permanently improve said road by topsoiling. The plaintiffs sued out a restraining order, the grounds upon which they ask relief being that they are citizens of the county of Rockingham and own lands abutting on said highway near the town of Leaksville in said…
1Opinion of the CourtAllen', J.
The power conferred upon the defendants by the statute-under which they are acting is to enter upon uncultivated lands for the-purpose of procuring soil to use in the construction of roads, and if the-land of the plaintiff is cultivated land they are without authority of law.
The question has been settled against the contention of the defendants upon the facts found by his Honor in three cases in our reports (S. v. Allen, 35 N. C., 36; S. v. McMinn, 81 N. C., 585; S. v. Campbell, 133 N. C., 640), and we see no reason for departing from the definition there-given to the term “cultivated field,”…
2Cases cited5 opinions
- Gause v. . PerkinsSupreme Court of North Carolina · 1857
- Roper Lumber Co. v. Richmond Cedar WorksSupreme Court of North Carolina · 1912
- State v. Campbell.Supreme Court of North Carolina · 1903
- State v. . AllenSupreme Court of North Carolina · 1851
- State v. . McMinnSupreme Court of North Carolina · 1879
3Cited by1 opinion
- Lumber Co. v. . Cedar WorksSupreme Court of North Carolina · 1912