James Ex Rel. James v. City of Charlotte
Supreme Court of North Carolina
Appeal by plaintiff from Finley, J., at February Term, 1922, of MECKXENBTJRG. Civil action, beard on demurrer ore tenus to tbe facts as alleged and admitted in tbe pleadings.
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Appeal by plaintiff from Finley, J., at February Term, 1922, of MECKXENBTJRG. Civil action, beard on demurrer ore tenus to tbe facts as alleged and admitted in tbe pleadings. Tbe pertinent facts being tbat in July, 1921, plaintiff, while standing on a sidewalk of a street or alley in tbe city of Charlotte was run into by a truck negligently driven by an employee of tbe city, and in excess of speed permitted by tbe statute law directly controlling tbe matter, 0. S., 2618, and received serious and permanent injuries. Tbat said employee, at tbe time, was operating tbe truck in tbe service of tbe…
1Opinion of the CourtHoke, J.
Tbe statute under which tbe regulations were chiefly made, and tbe employee operating tbe truck at tbe time, 0. S., 2799, contains provision as follows: “Tbe governing body may by ordinance provide for tbe removal, by wagons or carts, of all garbage, slops, and trash from tbe city; and when tbe same is not removed by tbe private individual in obedience to such ordinance, may require tbe wagons or carts to visit tbe bouses used as residences, stores, and other places of habitation- in tbe city, and also may require all owners or occupants of such bouses who fail to remove such garbage or trash…
2Cases cited10 opinions
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Harrington v. Commissioners of WadesboroSupreme Court of North Carolina · 1910
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
- Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
- State v. . R. R.Supreme Court of North Carolina · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Sides v. Cabarrus Memorial Hospital, Inc.Supreme Court of North Carolina · 1975
- Millar v. Town of WilsonSupreme Court of North Carolina · 1942
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