Rhodes v. . Durham

We have held, in several recent cases, that damages may be recovered for a wrong of this character, and, to the extent that the value of plaintiff’s property is impaired, the right is not affected because the acts complained of were done in the exercise of governmental functions. Donnell v. Greensboro, 164 N. C., 331, and authorities cited.

Our decisions are also in support of "the proposition that where the injuries are by reason of structures or conditions permanent in their nature, and their existence and maintenance is guaranteed or protected by the power of eminent domain or because the…