Strickland v. Shew
Supreme Court of North Carolina
Appeal by plaintiff from Parker, J., March 1963 Session of New HANOVER. Action for damages for interference with an easement of access. These facts are established' by the pleadings: In 1956 defendant was ■the owner and developer of a residential subdivision in Wilmington known as Sherwood Forest. On September 19, 1956 he sold plaintiff a lot fronting on East Lake Shore Drive in the subdivision.
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Appeal by plaintiff from Parker, J., March 1963 Session of New HANOVER. Action for damages for interference with an easement of access. These facts are established' by the pleadings: In 1956 defendant was ■the owner and developer of a residential subdivision in Wilmington known as Sherwood Forest. On September 19, 1956 he sold plaintiff a lot fronting on East Lake Shore Drive in the subdivision. At that time the defendant exhibited to plaintiff a plat showing the general layout of Sherwood Forest and agreed that a street would be constructed along the south side of the lot. The deed Which…
1Opinion of the CourtSharp, J.
At -all times pertinent to- a decision of this case Robin Hood Drive was not a public road. While the 'State Highway Commission is now maintaining it, the rights and habilitas of toe parties are to be determinad by their deed and not the rules applicable to a governmental agency when i-t opens or changes toe .grade of an existing street or highway. See Smith v. Highway Commission, 257 N.C. 410, 126 S.E. 2d 87; Jenkins v. Henderson, 214 N.C. 244, 199 S.E. 37; Wood v. Land Co., 165 N.C. 367, 81 S.E. 422; Cf. Bennett v. R.R., 170 N.C. 389, 87 S.E. 133; McGarrity v. Commonwealth, 311 Pa. 436, 166…
2Cases cited7 opinions
- Steadman v. Town of PinetopsSupreme Court of North Carolina · 1960
- Jenkins v. City of HendersonSupreme Court of North Carolina · 1938
- McGarrity v. CommonwealthSupreme Court of Pennsylvania · 1933
- Bennett v. . R. R.Supreme Court of North Carolina · 1915
- Wood v. Duke Land & Improvement Co.Supreme Court of North Carolina · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Boucher v. BoyerCourt of Appeals of Maryland · 1984
- Williams v. AbernethyCourt of Appeals of North Carolina · 1991
- Beroth Oil Co. v. North Carolina Department of TransportationCourt of Appeals of North Carolina · 2012
- Strickland v. ShewSupreme Court of North Carolina · 1964