Legal Opinion

Barger v. . Barringer

Supreme Court of North Carolina

Decided December 15, 1909PublishedCited by 21 opinions

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…

2Cases cited14 opinions

  1. Andrew J. Aikens v. State of WisconsinSupreme Court of the United States · 1904
  2. Rideout v. KnoxMassachusetts Supreme Judicial Court · 1889
  3. Roath v. DriscollSupreme Court of Connecticut · 1850
  4. Burke v. SmithMichigan Supreme Court · 1888
  5. Richardson v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1900

9 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Beardsley v. . KilmerNew York Court of Appeals · 1923
  2. Prah v. MarettiWisconsin Supreme Court · 1982
  3. Morgan v. High Penn Oil Co.Supreme Court of North Carolina · 1953
  4. Hornsby v. SmithSupreme Court of Georgia · 1941
  5. Sundowner, Inc. v. KingIdaho Supreme Court · 1973

16 more not listed; retrieve them via the Exa API.

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