Supreme Court of North Carolina, 1934

Russell v. Garner

Russell v. Garner
Supreme Court of North Carolina · Decided January 24, 1934 · Stacy
205 N.C. 791

Russell v. Garner

Opinion of the Court

Stacy, C. J.

We are not advised as to the theory upon which the judgment of nonsuit was entered. It would seem to be erroneous under the decisions in Colvin v. Power Co., 199 N. C., 353, 154 S. E., 678, Grant v. Power Co., 196 N. C., 617, 146 S. E., 531, and Tise v. Whitaker, 146 N. C., 374, 59 S. E., 1012.

There is evidence (1) of dedication of the road, as widened, (2) of its obstruction by the defendant, and (3) of special injury to the plaintiff. This carries the case to the jury. 13 R. C. L., 231; 29 C. J., 631-632.

Reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.