Opinion

STATE HIGHWAY & PUBLIC WORKS COMMISSION v. Brown

  • 238 N.C. 293
  • 77 S.E.2d 780
Court
Supreme Court of North Carolina
Filed
Sep 30, 1953
Status
Published
On the bench
Johnson
Cited by
0 cases
Authority
More cited than 35.7%

The 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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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