Coon v. North Carolina Railroad

65 N.C. 507

• Court: Supreme Court of North Carolina
• Decided: June 5, 1871
• Status: Published

Opinion

Boyden, J.

The roads which the defendant was bound to make and keep in repair, by the provision in the 26th section of their charter of incorporation, are public highways, recognized as such by the appointment ot overseers and hands, to work and keep them in repair, for the use of a whole community, and not neighborhood mill and church roads, which have never been recognized as public highways.

As the point upon which this case was decided in the Court below, was whether the road where the plaintiff’s horse was injured, was a public highway in the sense above described, and as we think it was not, we do not feel called on to decide, or to intimate, what remedy the people of the neighborhood, accustomed to travel this road to church and mill, may have against the defendant.

Pee Cueiam. There is error-