JONES v. QUEEN CITY SPEEDWAYS, INC.

No. 56.

172 S.E.2d 42 (1970)

276 N.C. 231

Murle B. JONES et al. v. QUEEN CITY SPEEDWAYS, INC.

Supreme Court of North Carolina.

January 30, 1970.


Attorney(s) appearing for the Case

Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston by Gaston H. Gage and Joseph W. Grier, Jr., Charlotte, for plaintiff appellants.

Berry & Bledsoe by Louis A. Bledsoe, Jr., and C. Ralph Kinsey, Jr., Charlotte, for defendant appellee.


MOORE, Judge.

The question presented is: Did the trial court err in not abating the nuisance as found by the jury and by permitting the defendant to continue operation under the regulations imposed by the judgment?

The operation of a motor vehicle speedway is a lawful enterprise, and therefore its operation is not a nuisance per se. However, under varying circumstances, the operation of a speedway could be a private nuisance per accidens. Hooks...

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