Summerville v. Duke Power Co.

PARKER, Circuit Judge.

This is an appeal from a judgment on a verdict directed for the defendant in an action instituted to recover damages for the closing of a street or alley in the City of Charlotte, N. C. Plaintiffs are the owners of a lot abutting on Graham Street in that city. They allege that a street or alley, known as First Street, adjoins their lot on the south and that this has been closed by defendant to their damage. Defendant owns the lot abutting on Graham Street immediately south of the lot of plaintiffs. It denies that any street or alley has ever existed across its property…