Barrier v. Troutman

The trial leading up to the verdict was without exception. The defendants did not appeal, and the plaintiff’s appeal brings up only his exception to the denial of his motion for an injunction based upon the verdict of the jury.

Remedy by the ancient writ of nuisance has long since been superseded under the code by civil action for damages, or for removal of the nuisance, or both. G.S. 1-539. And the rule is established that for a public nuisance where rights and privileges common to the public or to all the people of the community are injuriously interfered with, no action lies in favor of an…