Haggard v. Mitchell
Supreme Court of North Carolina
Civil actioN, tried before Devin, J., and a jury, at April Term, 1920, Of HERTFORD. Tlie action is instituted by O. C. Haggard, present owner of a store abutting on a street and open triangular space in the town of Ahoskie on the western side of the present Atlantic Coast Line, formerly the Norfolk and Carolina Railroad, to restrain the defendant, J. H. Mitchell,, from fencing up said space, and otherwise interfering with the use of same on part of plaintiff and general…
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Civil actioN, tried before Devin, J., and a jury, at April Term, 1920, Of HERTFORD. Tlie action is instituted by O. C. Haggard, present owner of a store abutting on a street and open triangular space in the town of Ahoskie on the western side of the present Atlantic Coast Line, formerly the Norfolk and Carolina Railroad, to restrain the defendant, J. H. Mitchell,, from fencing up said space, and otherwise interfering with the use of same on part of plaintiff and general public. There were facts on evidence tending to show that prior to 1893, defendant, J. H. Mitchell, and his brother, J. A.,…
1Opinion of the CourtHoice, J.
It appearing that plaintiff owns and bas improved tbe lot abutting on tbe open space in dispute, tbe authorities are to tbe effect tbat be bas sucb a special interest as to entitle bim to maintain an action in protection of bis proprietary rights, and tbat on pertinent findings tbe remedy, by injunction, mandatory or otherwise, is open to bim. Keys v. Alligood, 178 N. C., 16; Pruitt v. Bethell, 174 N. C., 454; McManus v. R. R., 150 N. C., 655.
And a verdict on either issue being sufficient to uphold tbe judgment, the results of tbe trial will not be disturbed, unless tbe defendant is able to…
Also in this document: Dissent.
2Cases cited28 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1901
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Edwards v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
- Tillett v. Lynchburg & Durham RailroadSupreme Court of North Carolina · 1894
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3Cited by12 opinions
- West v. SlickSupreme Court of North Carolina · 1985
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- Green v. BarbeeSupreme Court of North Carolina · 1953
- Riverview Milling Co. v. State Highway CommissionSupreme Court of North Carolina · 1925
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