Dargan v. . Waddill
Supreme Court of North Carolina
Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1848, his Honor Judge Pearson presiding. This was in case for erecting stables so near the dwelling house of the plaintiff, as, by the noise of the horses and the smell of the litter, &c., to render the plaintiff’s house uncomfortable to live in, and thereby much impair its value.
Read the full summary
Appeal from the Superior Court of Law of Anson County, at the Fall Term, 1848, his Honor Judge Pearson presiding. This was in case for erecting stables so near the dwelling house of the plaintiff, as, by the noise of the horses and the smell of the litter, &c., to render the plaintiff’s house uncomfortable to live in, and thereby much impair its value. The plaintiff proved that his wife, then Mrs. Bates, about the year 1839, purchased a dwelling house and lot, situate on one of the main streets in Wadesboro’, and being the north-west corner lot, of the square immediately west of the Court…
1Opinion of the CourtRuffin, C. J.
It was, we think, a fair inference for the jury from the instructions, as a whole, that the defendant’s stable was not a nuisance to the plaintiff', because the act of the defendant in building it was but a reasonable use of his own in erecting an useful appendage to his Hotel, and therefore the damage to the plaintiff was not unnecessary. Thus regarded, the Court does not concur in the instruction. It is true, that a stable in a town is not, like a slaughter house or a sty, necessarily and prima facie a nuisance. There must be places in towns for keeping the horses of the people living in…
2Cited by14 opinions
- Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
- Ivester v. City of Winston-SalemSupreme Court of North Carolina · 1939
- Metropolitan Savings Bank v. ManionCourt of Appeals of Maryland · 1898
- Albany Christian Church v. WilbornCourt of Appeals of Kentucky · 1902
- Kyser v. HertzlerSupreme Court of Alabama · 1914
9 more not listed; retrieve them via the Exa API.