Threadgill v. Bd. Of Comm'rs

• Decision Date: 16 April 1888
• Citation: 99 N.C. 352,6 S.E. 189
• Court: North Carolina Supreme Court
• Parties: Threadgill et al. v. Board of Commissioners.

6 S.E. 189

(99 N.C. 352)

Threadgill et al.

v.Board of Commissioners.

Supreme Court of North Carolina.

April 16, 1888.

Nuisance—Duty of County to Prevent—Code N. C. § 707.

Under Code N. C. | 707, subsec. 5, providing that" the board of commissioners is authorized to make such orders respecting the corporate property of the county as may be deemed expedient, " a complaint in an action against the board as a corporation, to abate an offensive privy on such property as a nuisance, should allege that the board had neglected to raise and appropriate money to employ agents to prevent the nuisance.

Appeal from superior court, Anson county; Walter Clark, Judge. A. Lockhart, for appellant.

W. L. Parsons, for appellee.

Smith, C. J. The plaintiffs on the 1st day of October, 1883, instituted the present action against the board of county commissioners of Anson county, torecover damages for the erection and maintenance of an alleged nuisance on the court-house square, and to have the same abated, and state their cause of action in the complaint thus: The plaintiffs, complaining of the defendants, allege: "First. That the defendants are a body politic and corporate, with power to sue and be sued, implead and be impleaded, expressly so declared by law. Second. That the defendants, before this action was commenced, and at the time it was commenced, had kept and allowed upon a lot in the town of Wadesborough, known and designated as the "court-houseand jail" lots, subject to and under control of defendants, bounded west by Green street, north by Martin, east by —— street, and south by the lots of E. A. Covington and others, a public privy, which was before and at the time of the commencement of this action, and since the cause was commenced, used by the public, as well those living in the town of Wadesborough as those who come into the town, but are. not residents therein. Third. That the plaintiffs are the owners of the following lands, lots, and tenements in said town, to-wit: The square adjacent to the court-house and jail lots, immediately north of said lots, bounded south by —— street, west by Green street, north by —— street, and live in one of the houses situate, standing, and being on this said lot; that the privy herein before designated and complained of, is about fifty yards from the dwelling-house occupied by the plaintiffs. Fourth. That by reason of the erection and location of said privy, and the condition in which the same has been kept and allowed to remain for a long time before this action was commenced, and at the time it was commenced and by reason of the noisome smells arising therefrom, and by the escape of filthy matter therefrom, and the deposit of human excrement therein, and the accumulation of the same therein and thereat, the plaintiffs have been for a long time before this action was commenced, and were at the time the same was commenced, annoyed in the proper enjoyment of their property, injured in their health, and prejudiced and hurt in their rights, and damaged in their persons, and have been particularly and especially damaged by the matter aforesaid. Fifth. The plaintiff Stephen II. Threadgill is the husband of M. E. Threadgill, who was the only heir at law of George W. Willoughby, deceased, from whom the real property aforesaid descended, and Margaret M. Willoughby is the widow of the said decedent. Sixth. That by reason of the said privy and the smells therefrom, the excrement therein and thereat accumulated and remaining there, these...