State v. . Lance
Supreme Court of North Carolina
INDICTMENT for unlawfully and willfully obstructing a cartway, tried before Lane, J., at November Term, 1917, of Buncombe, the bill of indictment charging that the said cartway had been “duly dedicated as such for public use and enjoyment.” The defendant was convicted and from the judgment of the court appeals.
1Opinion of the CourtBeown, J.
It is stated in the brief for the State that “the evidence does not show any dedication of the obstructed cartway to the public use, nor any adverse use of the cartway by the defendant which would give him an easement.”
An examination of the record corroborates the conclusion of the Attorney-General. If there is no evidence of dedication to the public, or any evidence of an adverse continuous user by the prosecuting witness for the period required by law to give him an easement, then the defendant could not be guilty of unlawfully and willfully obstructing the road, as the obstruction was on…
2Cases cited1 opinion
- State v. . NorrisSupreme Court of North Carolina · 1917
3Cited by1 opinion
- Commonwealth v. KennedyDauphin County Court of Quarter Sessions · 1932