Prichard v. Board of Commissioners of Morganton
Supreme Court of North Carolina
Civil ActioN for tort of defendants and their agents in burning residence of plaintiff, her corn crib, and outhouses, destroying ber crop and garden, household furniture and utensils, boohs and clothing, and forcibly taking her and family to a pest-house, on the unfounded pretence that there was small pox in the family, or that they had been exposed to it. The defendants filed separate demurrers.
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Civil ActioN for tort of defendants and their agents in burning residence of plaintiff, her corn crib, and outhouses, destroying ber crop and garden, household furniture and utensils, boohs and clothing, and forcibly taking her and family to a pest-house, on the unfounded pretence that there was small pox in the family, or that they had been exposed to it. The defendants filed separate demurrers. His Honor, Bowman, J., at Fall Term, 1899, of Burke Superior Court, allowed the plaintiff to amend the complaint, with additional parties and allegations of individual liability, and overruled the…
1Opinion of the Court
The plaintiff Nancy Prichard, a tenant in dower, brought this action against the commissioners of the town of Morganton, the board of commissioners of Burke Country, and R. T. Claywell and Robert Ross as their agents and servants, to recover of them damages for burning the house in which she lived, and certain personal property therein, as a nuisance because of alleged smallpox taint and infection; for injury and damage to growing crops on the same, and for unlawfully and wrongfully depriving her of her liberty by seizing and carrying her to a pesthouse for smallpox patients and keeping her…
2Cases cited5 opinions
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- Manuel v. Board of CommissionersSupreme Court of North Carolina · 1887
- Hull v. Roxboro.Supreme Court of North Carolina · 1906
- Coward v. . MeyersSupreme Court of North Carolina · 1888
- State Ex Rel. Morganton Graded School v. McDowellSupreme Court of North Carolina · 1911
3Cited by27 opinions
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Hagerman v. City of SeattleWashington Supreme Court · 1937
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
- Archer v. Rockingham CountyCourt of Appeals of North Carolina · 2001
- Horton v. GulledgeSupreme Court of North Carolina · 1970
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