State v. . R. D. Brown
Supreme Court of North Carolina
This was an iNdictmekt for a violation of a city ordinance, tried on appeal from the Mayor of Winston, at the Spring Term, 1891, of the Superior Court of Fobsyti-i County, before Bynum, J. The ordinance imposed a penalty for driving or leading horses on a sidewalk, and it was admitted that the defend-act’s driver, under his order, drove his wagon partly on a sidewalk for a distance of ninety feet along the street.
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This was an iNdictmekt for a violation of a city ordinance, tried on appeal from the Mayor of Winston, at the Spring Term, 1891, of the Superior Court of Fobsyti-i County, before Bynum, J. The ordinance imposed a penalty for driving or leading horses on a sidewalk, and it was admitted that the defend-act’s driver, under his order, drove his wagon partly on a sidewalk for a distance of ninety feet along the street. The defendant relied upon necessity, growing out of the impassable condition of the streets on account of the rnud for a number of yards, as a defence. The defendant excepted to the…
1Opinion of the Court
Avery, J.:
It is admitted to have been the well settled law in England, that where a highway became obstructed and impassable from temporary causes, a traveler might go extra viam upon the adjacent land without subjecting him self to liability in an action of trespass brought by the owner. 2 Bl. Com., 36; Bullard v. Harrison, 4 M. & S., 387, 393; Taylor v. Whitehead, 2 Douglass, 744-748. This extraordinary rule was subsequently recognized by the Courts of this country, and the right to do with impunity what would ordinarily subject a person to liability in an action for damages, was generally…
2Cases cited2 opinions
- State v. . McBrayerSupreme Court of North Carolina · 1887
- State v. . WraySupreme Court of North Carolina · 1875
3Cited by8 opinions
- State v. . SmithSupreme Court of North Carolina · 1895
- State v. HudginsCourt of Appeals of North Carolina · 2005
- State v. ThomasCourt of Appeals of North Carolina · 1991
- Berns v. DoanSupreme Court of Delaware · 2008
- State v. . R. R.Supreme Court of North Carolina · 1896
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