Russell v. Garner
Cases that cite this one
3 later published cases cite this decision.
- CONCERNED LOVED ONES v. Pence (W. Va. 1989)
- Concerned Loved Ones & Lot Owners Ass'n v. Pence (W. Va. 1989)
- Merrell v. . Bridges (N.C. 1938)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.