Andrews v. Andrews

This case was here at Spring Term, 1955, on demurrer questioning the sufficiency of the facts alleged in the complaint to constitute a cause of action, and is reported in 242 N.C. 382, 88 S.E. 2d 88. In the opinion in that case the principles underlying an action for tort in the nature of a private nuisance causing special damage were held applicable to the facts here alleged, and the complaint was upheld.

In the ensuing trial on the issues raised there was verdict for the plaintiff, and from the judgment predicated thereon the defendant appealed, assigning errors in the rulings of the trial…