Barger v. . Barringer
Supreme Court of North Carolina
Appeal from Justice, J., May Term, 1909, oÍíCatawba, beard on appeal from a justice of tbe peace to tbe Superior Court. Tbe action was brought to recover damages for tbe malicious, useless and unlawful erection of a bigb board fence, commonly, called a “spite fence,” on defefidant’s lot, immeditely adjoining plaintiff, for the sole purpose of cutting off light and. air from plaintiff’s windows.
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Appeal from Justice, J., May Term, 1909, oÍíCatawba, beard on appeal from a justice of tbe peace to tbe Superior Court. Tbe action was brought to recover damages for tbe malicious, useless and unlawful erection of a bigb board fence, commonly, called a “spite fence,” on defefidant’s lot, immeditely adjoining plaintiff, for the sole purpose of cutting off light and. air from plaintiff’s windows. At tbe close of tbe evidence, bis Honor, being of opinion that plaintiff could not recover, granted defendant’s motion to nonsuit, and plaintiff appealed. Tbe facts are stated in tbe opinion of tbe…
1Opinion of the Court
The action was brought to recover damages for the malicious, useless and unlawful erection of a high board fence, commonly called a "spite fence," on defendant's lot, immediately adjoining plaintiff, for the sole purpose of cutting off light and air from plaintiff's windows. At the close of the evidence, his Honor, being of opinion that plaintiff could not recover, granted defendant's motion to nonsuit, and plaintiff appealed.
The facts are stated in the opinion of the Court. The plaintiff's evidence in this case tends to prove that the premises of plaintiff and defendant adjoin, and that they…
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