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CAUSBY v. HIGH PENN OIL COMPANY

No. 603.

93 S.E.2d 79 (1956)

244 N.C. 235

T. L. CAUSBY, J. Y. Hocker, M. W. Kincald, Fred Ratiedge, and on Behalf of Other Residents of the Guilford Community, Similarly Situated, v. HIGH PENN OIL COMPANY.

Supreme Court of North Carolina.

June 6, 1956.

Attorney(s) appearing for the Case

Wm. E. Comer, Greensboro, for plaintiffs, appellees.

Brooks, McLendon, Brim & Holderness, Greensboro, for defendant, appellant.

PARKER, Justice.

The appellant states in its brief: "This Court held in a prior case involving the same defendant that an oil re-refiner is a lawful enterprise and for that reason cannot be a nuisance per se. Morgan v. [High Penn] Oil Co., 238 N.C. [185] at p[age] 191 [77 S.E.2d. 682, at page 687]." In the same case in the next sentence in the opinion of the Court, after the sentence paraphrased by appellant in its brief, the Court used this language: "The...

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