PARKER v. BAREFOOT

No. COA97-713.

502 S.E.2d 42 (1998)

Wilton B. PARKER, Shirley K. Parker, Randy Parker, Janet T. Parker, Gary Parker, Diane P. Parker, Keith Parker, Darlene W. Parker, James Alan Parker, Ann D. Parker, Keith Slocum, Eugene Barbour, Dixie Barbour, Vernon Thompson, Patricia Thomson, Delbert Allen, Jr., Deborah Blackmon, Bettie C. Upchurch, Glenn Twigg, Administrator of the Estate of Pharo Twigg, Della T. Twigg, Thomas Earl Toole, Mayrlene Toole, Christine P. Thompson, Laurcey Massengill, Charlie Matthews and Lorraine Matthews, Plaintiffs-Appellants, v. W. Terry BAREFOOT and Rita J. Barefoot, Defendants-Appellees.

Court of Appeals of North Carolina.

July 7, 1998.


Attorney(s) appearing for the Case

Morgan & Reeves by Robert B. Morgan and Eric Reeves, Raleigh, for plaintiffs-appellants.

Bode, Call & Stroupe, L.L.P. by John V. Hunter, III and Diana E. Ricketts, Raleigh, and Narron, O'Hale & Whittington by John P. O'Hale, Smithfield, for defendants-appellees.


WYNN, Judge.

The appealing parties in this case present one issue for us to consider: "Whether the trial court's denial of plaintiffs' written request to instruct the jury that the law does not recognize as a defense to a claim of nuisance that defendants used the best technical knowledge available at the time to avoid or alleviate the nuisance constitutes reversible error?" We answer: "Yes"; and therefore award the plaintiffs...

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