Alexander v. . Autens Auto Hire

95 S.E. 850, 175 N.C. 720, 1918 N.C. LEXIS 149

• Court: Supreme Court of North Carolina
• Decided: May 8, 1918
• Status: Published

Opinion

Per CuRiam :

Tbe Ghief Justice bas declined to participate in the consideration of these appeals because of his relationship to the plaintiff. The other members of the Court are unanimous in the opinion that there is no error in the appeal of the defendants, and being equally divided as to the correct disposition of the appeal of the plaintiff, both appeals must be affirmed under the precedents, which require a majority of the Court to reverse a judgment of the Superior Court.

Two members of the Court are of opinion that while the alley is not strictly a public one, as between the parties to the deeds and those claiming under them the right of using and occupying all of the twenty feet as a street is reserved in the deeds and, if so, the plaintiff cannot interfere with the use of occupation of any part of it by erecting gates; while the other two members of the Court are of opinion that the alley is a private way; that the defendants are only entitled to a reasonable use of it, and that the question ought to be submitted to a jury as to whether erecting gates by the plaintiff will unreasonably interfere with the rights of the defendants.

Affirmed on both appeals.