Russell v. Garner
Supreme Court of North Carolina
Russell v. Garner, 205 N.C. 791 (N.C. 1934)
Stacy
Russell v. Garner
Opinion of the Court
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.
Reference
- Full Case Name
- ALICE C. RUSSELL v. L. G. GARNER
- Cited By
- 3 cases
- Status
- Published