State v. . Widenhouse

71 N.C. 279

• Court: Supreme Court of North Carolina
• Decided: June 5, 1874
• Status: Published

Opinion

Settle, J.

All the questions presented by the record in this case are discussed and well decided in State v. Buckner, Phil., 558.

It is there held that where the land on both sides of the road, whether public or private, belongs to the prosecutor, he is the owner of the soil over which the road runs, and persons who stop upon such road and use violent and menacing language to him are guilty of forcible trespass.

The only privilege which the public have in a public road is that of passing over it, and those who abuse that privilege become trespassers ab mitio.

Let it be certified that there is error, to the end that the Superior Court may proceed to judgment upon the special verdict.

Pee Cubiam. Judgment reversed.