Legal Opinion

Kennedy v. . Williams

Supreme Court of North Carolina

Decided October 5, 1882PublishedCited by 32 opinions

Motion for an injunction to restrain the defendant from obstructing a road, heard at Spring Term, 188-2, of Lenoir Superior Court, before Gilmer, J. The restraining order theretofore issued was continued until the final hearing of.the action, and the defendant appealed.

1Opinion of the CourtRuffin, J.

The plaintiffs, being the owners of certain public mills, complain that the defendant, by obstructing a certain public road leading to the same, has done them great damage in the way of loss of patronage, for which they seek to recover compensation of him ; and in the meantime, alleging that he intends to erect other obstructions, they ask for an injunction restraining him from so doing.

The appeal is taken from an order at chambers granting the injunction prayed for.

In his answer, the defendant denies that the road is a public highway, and insists that it has been hitherto used only by his…

2Cases cited2 opinions

  1. Boyden v. . AchenbachSupreme Court of North Carolina · 1878
  2. State v. . PurifySupreme Court of North Carolina · 1882

3Cited by32 opinions

  1. West v. SlickSupreme Court of North Carolina · 1985
  2. Milliken v. Denny.Supreme Court of North Carolina · 1906
  3. State v. . FisherSupreme Court of North Carolina · 1895
  4. Chesson v. . JordanSupreme Court of North Carolina · 1944
  5. Tise v. Whitaker-Harvey Co.Supreme Court of North Carolina · 1907

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