Tise v. Whitaker-Harvey Co.
Supreme Court of North Carolina
Civil aotioN, tried before Moore, J., and a jury, at September Term, 1907, of the Superior Court of Eoesyth County. At the close of plaintiff’s evidence in chief, and again at the close of the entire evidence, there was a motion for nonsuit, under the statute. The latter motion was allowed by the court, and plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
This is an action by plaintiff to obtain a permanent injunction restraining defendant from obstructing an alley, alleged to be a public way, and thereby causing special damage to plaintiff as an abutting owner. The case was before us at the last term, on an appeal by defendant from the refusal of the court below to discharge a preliminary restraining order which had been issued in the cause, and it was sent back on a ruling that there were serious questions raised as to the existence of facts making for plaintiff’s recovery, and evidence tending to show that the alley in question was' a…
2Cases cited6 opinions
- Milliken v. Denny.Supreme Court of North Carolina · 1906
- State v. . FisherSupreme Court of North Carolina · 1895
- Boyden v. . AchenbachSupreme Court of North Carolina · 1878
- Kennedy v. . WilliamsSupreme Court of North Carolina · 1882
- Crump v. . MimsSupreme Court of North Carolina · 1870
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3Cited by33 opinions
- State Highway Commission v. ThorntonSupreme Court of North Carolina · 1967
- Nicholas v. Salisbury Hardware and Furniture Co.Supreme Court of North Carolina · 1958
- Spaugh v. City of CharlotteSupreme Court of North Carolina · 1954
- Wheeler v. Charlotte Consolidated Construction Co.Supreme Court of North Carolina · 1915
- Wittson v. DowlingSupreme Court of North Carolina · 1920
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