WALDROP v. TOWN OF BREVARD

No. 168.

62 S.E.2d 512 (1950)

233 N.C. 26

WALDROP et ux. v. TOWN OF BREVARD.

Supreme Court of North Carolina.

December 13, 1950.


Attorney(s) appearing for the Case

Philip C. Cocke Jr., and William J. Cocke, Asheville, for plaintiffs.

Ramsey & Hill and Lewis P. Hamlin, all of Brevard, for defendant.


DENNY, Justice.

If it be conceded that the normal operation of the defendant's garbage dump in a reasonably careful and prudent manner constitutes a nuisance, in our opinion these plaintiffs are estopped from asserting any claim for damages or for other relief by reason thereof, in view of the grant and covenants contained in the conveyance from I. F. Shipman and wife to the Town of Brevard.

It was stated in the...

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