MORGAN v. HIGH PENN OIL CO.

No. 667.

77 S.E.2d 682 (1953)

238 N.C. 185

MORGAN et ux. v. HIGH PENN OIL CO. et al.

Supreme Court of North Carolina.

September 23, 1953.


Attorney(s) appearing for the Case

Frazier & Frazier, Greensboro, for plaintiffs, appellees.

Roberson, Haworth & Reese, High Point, and Brooks, McLendon, Brim & Holderness, Greensboro, for defendants, appellants.


ERVIN, Justice.

Each defendant assigns as error the disallowance of its motion for a compulsory nonsuit. We consider these assignments of error separately because the defendants urge different reasons to sustain their respective positions.

The High Penn Oil Company contends that the evidence is not sufficient to establish either an actionable or an abatable private nuisance. This contention rests on a twofold argument somewhat alternative in character. The...

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