Berger v. . Smith
Supreme Court of North Carolina
Appeal by plaintiff from Peebles, J., at November Term, 1911, of WayNE. The facts are sufficiently stated in the opinion of the Court by Mr. -Justice Walker.
1Opinion of the CourtWaleeR, J.
This case was before us at a former term, and is -reported in 156 N. C., 323. We then held that the sawmill which it was alleged the defendant was about to erect in violation of the ordinance was not a nuisance per se, and we remanded the case in order that it might be submitted to a jury to ascertain if it was a nuisance in fact. At 'the trial, the court, upon plaintiff’s evidence, ordered a nonsuit, and plaintiff appealed. It appeared by the evidence that the mill had not been built, but that defendant only intended to build it, and plaintiff testified that its operation, if it was built,…
2Cases cited20 opinions
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- The BlackwallSupreme Court of the United States · 1870
- Durham v. Cotton Mills.Supreme Court of North Carolina · 1906
- Dorsey v. . AllenSupreme Court of North Carolina · 1881
- Cherry v. . WilliamsSupreme Court of North Carolina · 1908
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3Cited by10 opinions
- Jones v. . LassiterSupreme Court of North Carolina · 1915
- State v. . RobersonSupreme Court of North Carolina · 1929
- Murphy v. CuppSupreme Court of Arkansas · 1930
- Rhyne v. Flint Manufacturing Co.Supreme Court of North Carolina · 1921
- Wilcher v. SharpeSupreme Court of North Carolina · 1952
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