Home/Supreme Court of North Carolina/STATE HIGHWAY & PUBLIC WORKS COMMISSION v. Brown

STATE HIGHWAY & PUBLIC WORKS COMMISSION v. Brown

77 S.E.2d 780, 238 N.C. 293
CourtSupreme Court of North Carolina
DecidedSeptember 30, 1953
Docket110
StatusPublished

This text of 77 S.E.2d 780 (STATE HIGHWAY & PUBLIC WORKS COMMISSION v. Brown) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
STATE HIGHWAY & PUBLIC WORKS COMMISSION v. Brown, 77 S.E.2d 780, 238 N.C. 293 (N.C. 1953).

Opinion

77 S.E.2d 780 (1953)
238 N.C. 293

STATE HIGHWAY & PUBLIC WORKS COMMISSION
v.
BROWN et al.

No. 110.

Supreme Court of North Carolina.

September 30, 1953.

*781 R. Brookes Peters, Raleigh, and Gudger, Elmore & Martin, Asheville, for plaintiff appellant.

William V. Burrow, Asheville, for defendants-appellees.

JOHNSON, Justice.

The record discloses and it was conceded on the argument, that the drainage pipe installation complained of is now fait accompli, or a fact accomplished. This being so, there was nothing to support the preliminary order restraining the defendants *782 from "further erection and installation" of the pipes. Hence the plaintiff suffered no harm from the dissolution of the order. Groves v. McDonald, 223 N.C. 150, 25 S.E.2d 387; Rousseau v. Bullis, 201 N.C. 12, 158 S.E. 553. See also 43 C.J.S., Injunctions, § 246.

As to the court's refusal to allow the plaintiff's motion for a preliminary order of injunction requiring the defendants to remove the drainage pipes pending trial of the cause, the rule is that ordinarily "such an order will not be made as a preliminary injunction, except where the injury is immediate, pressing, irreparable, and clearly established, * * *." McIntosh, North Carolina Practice and Procedure, Sec. 851, p. 972; Seaboard Air Line R. Co. v. Atlantic Coast Line R. Co., 237 N.C. 88, 74 S.E.2d 430; Clinard v. Lambeth, 234 N.C. 410, 67 S.E.2d 452. A study of the record leaves the impression that the plaintiff has failed to establish preliminary equities within the purview of this rule. The judgment below is

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Seaboard Air Line Railroad v. Atlantic Coast Line Railroad
74 S.E.2d 430 (Supreme Court of North Carolina, 1953)
Clinard v. Lambeth
67 S.E.2d 452 (Supreme Court of North Carolina, 1951)
Rousseau v. . Bullis
158 S.E. 553 (Supreme Court of North Carolina, 1931)
Groves v. . McDonald
25 S.E.2d 387 (Supreme Court of North Carolina, 1943)
North Carolina State Highway & Public Works Commission v. Brown
77 S.E.2d 780 (Supreme Court of North Carolina, 1953)

Cite This Page — Counsel Stack

Bluebook (online)
77 S.E.2d 780, 238 N.C. 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-highway-public-works-commission-v-brown-nc-1953.