Harper v. Town of Lenoir
Supreme Court of North Carolina
Appeal from Oounoill, J.,- at November Term, 1909, of Caldwell. There was evidence tending to show that the plaintiff was the owner of a house and lot in the town of Lenoir, abutting on Main Street, and also on north Boundary Street; that the authorities of the town in charge of the matter, having determined on a change of grade of these streets, proceeded to dig down and lower Main Street, leaving plaintiff’s property twelve or fifteen feet above the level of the sidewalk,…
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Appeal from Oounoill, J.,- at November Term, 1909, of Caldwell. There was evidence tending to show that the plaintiff was the owner of a house and lot in the town of Lenoir, abutting on Main Street, and also on north Boundary Street; that the authorities of the town in charge of the matter, having determined on a change of grade of these streets, proceeded to dig down and lower Main Street, leaving plaintiff’s property twelve or fifteen feet above the level of the sidewalk, and were about to commence like action on north Boundary Street, when plaintiff instituted the present suit. ’While the…
1Opinion of the Court
Hoke, J.,
after stating the case: On the issue as to defendant’s responsibility, the 'court below, among other things, charged the jury as follows:
“Cities and towns have the right to improve streets and pavements for the public good, and in the exercise of this right may grade down streets and pavements to a lower or make them of greater elevation than the property of adjacent or abutting property owners, and if in doing such work the town or city exercises (a) care and skill, that is, does the work properly, (b) then if injury results to the adjacent or abutting owners either by leaving their…
2Cases cited19 opinions
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Ridley v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1896
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Fowle v. New Haven & Northampton Co.Massachusetts Supreme Judicial Court · 1873
- Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rhodes v. . DurhamSupreme Court of North Carolina · 1914
- Ludwick v. . PennySupreme Court of North Carolina · 1911
- Calhoun v. State Highway & Public Works CommissionSupreme Court of North Carolina · 1935
- Hoyle v. City of HickorySupreme Court of North Carolina · 1914
- Moser v. City of BurlingtonSupreme Court of North Carolina · 1913
23 more not listed; retrieve them via the Exa API.