PENDERGRAST v. AIKEN

No. 48.

236 S.E.2d 787 (1977)

293 N.C. 201

J. W. PENDERGRAST and wife, Catherine W. Pendergrast v. R. C. AIKEN and wife, M. E. Aiken, W. L. Aiken and Perry Alexander Construction Company.

Supreme Court of North Carolina.

August 23, 1977.


Attorney(s) appearing for the Case

Gudger, McLean, Leake, Talman & Stevenson by Joel B. Stevenson, Asheville, for plaintiffs-appellants.

Morris, Golding, Blue & Phillips by Steven Kropelnicki, Jr. and William C. Morris, Jr., Asheville, for defendants-appellees.


HUSKINS, Justice:

Plaintiffs assign as error the failure of the trial judge to instruct the jury correctly on the law arising from the evidence. By this assignment plaintiffs present three questions for consideration: (1) Did the court err in its original charge by framing its instructions in terms of nuisance? (2) Did the court err in its instruction to the jury that it must first determine whether defendant created a nuisance and then decide whether plaintiffs were...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases