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205 N.C. 791

Russell v. Garner

Supreme Court of North Carolina

Decided January 24, 1934

Supreme Court of North Carolina · decided 1934-01-24

Cited by 2 later decisions — most recently July 1989

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1934-01-24

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Stacy, C. J.

¶1We 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.

¶2There 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.

¶3Reversed.

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