Newspapers / The Chowan Herald (Edenton, … / Nov. 11, 1954, edition 1 / Page 13
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This is the Law BV CHARLES \V. DANIEL (For the N. C. Bar Association) Nuisances “This is a nuisance,” or, “Thai is nothing hut a nuisance.” Folks are frequently heard to make such obser vations about a person or thing that is bothersome or irritating. Sortie “nuisances” are public, some are private. The legal differences be tween the two are important if you are troubled by, and seek to rid your self of, either. I How do you protect yourself in the' use and enjoyment of your property against unreasonable invasions from outside of distressing odors, noise, 1 blockades, smoke, and the like? The first step, of course, is to de termine whether the situation, which is obnoxious to you, is, in the eyes of the law, a nuisance. Since the law di vides nuisances into those which are private and those which are public, it is necessary to determine what kind of wrong is being done to you. Public In general terms, the law says that a public nuisance is the invasion of a right which belongs alike to all citi zens. Such “public” rights are in the ™rfifr EDENTON. v. « . vk Day Shows* Lonti: **ns From 3:30 Saturday Continuous From 1:30 Sunday 2:15, 4:15 and 8:45 Last Two Days . . . Thursday and Friday, November 11-12 Clark Gable and Vivien Leigh in, “GONE WITH THE WIND" Features .1:00 and 8:00 P. M. GROVER B. CALE Saturday. November 13— Wavne Morris in “THE DESPEK \DOES” MRS. T. E. FRANCIS | : V m Sunday and Monday. November 1 1-13 — Victor Mature. Jean Simmons Gene Tierney and Michael Wilding in “THE EGYPTIAN" Technicolor Cinema Scope and Stereophonic Sound Sunday Show s 2:00 1:30 and 8:15 Monday Shows Start 3:30 Features 3:50 . 0:30 and 0:10 Tuesday and Wednesday, November 16-17 Double Feature Robert Mitchum in “SHE COULDN'T SAY NO” —also— Walter I’idgeon in “THE UNKNOWN 51 \V MRS. LEROY BUNCH Please Note: On November 18 and 10, in place of “HER TWEIA E MEN”, we have hookcsl Stewart Granger in “BEAU BRUMMELL.” IPFN THFATR!" EDENTON. N. C. Friday and Saturday, November 12-13 — Glenn Ford and Rhonda Fleming in “THE REDHEAD AND THE COWBOY” ANTHONY GOSSER hTjaylm THEATRE EDENTON. N. C. Admission 40c Per Person Children Under 12 Free Friday and Saturday, November 12-13 Jack Mahonev in “OVERLAND PACIFIC” TRANK MILLER. JR. Sunday, November 14— Burt Lancaster in “HIS MAJESTY O’KEEFE” o Monday and Tuesday, November 15-16 Ray Milland in “DIAL ‘M’ FOR MURDER” Wednesday and Thursday, November 17-18 Richard Widmark in ‘TAKE THE HIGH GROUND” MRS. E. W. BOND Note: If vour name appears In this ad, bring it to th» Tavlor Theatre box office and receive a free wass to see one of the pictures use of streets, navigable streams, gov ernment buildings and the like. North I Carolina has defined (by statute) cer tain conditions which are, in them selves, public nuisances. The law calls these “nuisances per se,” and, in this state, some of them are: Maintaining any building for lewdness, prostitution, gambling, illegal sale of whiskey or narcotics. These offenses are, of ■ course, . against public morals, and, i thus, are crimes, rather than mere nuisances. So, court actions brought to put a stop to public nuisances, must lie in the name of the State. Slot machines constitute a public nuisance. So does the intentional handling of poisonous snakes. The violation of a court order against a statutory public nuisance is punishable by fine of S2OO to SI,OOO, or, imprisonment of three to six months. Private What about the private nuisance? It is obvious that each of us must put up with sortie offensive things as the price of living in the human communi ty. Thus, a private nuisance is an un reasonable interference with the right of a private individual to the use and j enjoyment of his property. The pri vate nuisance must; he an actual, con tinuing interference and produce the kind of offensive situation which is unreasonable, and, which the public ■ ordinarily will not tolerate. I So, with such a broad definition, the kinds of interference which may be-1 come nuisances are almost unlimited. I I The North Carolina court once | forced an airport to close down be- j 'cause the approaches to its runways 1 brought roaring planes too close to a 1 medical clinic. A Florida court awarded a drug store damages and an injunction against a cafeteria because its wait ing lines blocked the sidewalk in front of the drug store. Thus, the court made the cafeteria owner liable for U-un_fuTi~u Announcing new FORD TRUCKS for '55... the Money Makers! Money-making POWER! Important longer-life engine advancements! The only full line of proved, modern short-stroke engines in any trucks! New wOrk-saving, /ff \I ilj ysS^k money-saving CONVENIENCE! New money-making CAPACITIES! New reasons //\ij NEWsavings in all three areas! TRIPLE ECONOMYI ® Money-Making power saves gas! ONLY FORD gives you the gas-saving efficiency of proved, modem short-stroke design for every engine! Ford’s ultra modern, overhead-valve engines—four V-B’B and one Six—cut piston travel, cut internal friction, save gas. And new engi neering in valves, heads, crankshafts, electrical systems and cooling, results in still greater durability! NEW Payload Champ of the Pick- NEW higher pewar and ecmpr.Htea New Ford F-l 00 6'/ 2 -f*. Pickup, GVW l i? M on * *3 See the 1955 Money Makers Friday! YOUR NEIGHBORHOOD FORD DEALER—HEADQUARTERS FOR ALL YOUR TRUCKING NEEDS THE CHOWAN HERALD, EDENTON, N. the arts of other people! “Spite” fences have been a source of litigation between feuding neigh ; bors. If a property owner erects a I fence which unreasonably cuts off light and air from his adjoining | neighbor, a suit can be brought for removal of the fence as a nuisance, j Not A Trespass It may be well to note the difference j between trespass and nuisance. Laws against trespass protect the possession of property. Laws against nuisance protect the use and enjoyment of property. To constitute trespass, the property must actually he entered by the offender. The offender may ere-, ate a nuisance without ever going: near the property of the person of- 1 fended. Can Re Roth Sortie nuisances, obviously, can bej both public and private. For example, 1 a gambling den is situated next door to von and has been for such a length of time that vour home has depreciat ed :in value because of the surround-, Ings, You could procegd. a-’ in a mb- 1 lie nnje-auce. in the name of the State to have t,he den padlocked, and sue the gambler, separately, in your own 1 right for the private nuisance he has, caused in the devaluation of your property. Nose-baiting odors have been the basis of many private nuisance suits, j lln North Carolina, the courts have 1 awarded dama g e s to individuals: j against a fish 'scrap factory and an! ] animal by-products plant, among oth-] ers. Damage* l It,is possible to get money damages '(for past interfereme) and an injunc-i tion to stop the same nuisance in thej future. Or, in the alternative, it is possible to accept permanent money damages and endure the continued in vasion of your property for as long as the offender wishes to keep it up. • If the private nuisance complained C„ THURSDAY, NOVEMBER 11, 1954. of is maintained by an arm of the government, either the government or! the offended individual may elect to (continue the nuisance under settlement of permanent damages. | In no nuisance case is it possible; ■to get both an injunction and perman-• jent damages. Cold Weather Time To Get Rats On Run :: --' . i Greater reed for food and shelter during the winter makes man’s fa miliar enemy, tile rat, mop vulnerable ,to control measures. Ratproofing of buildings and remov !al of trash piles or other possible shel- Iters will leave the rats literally “out lin the cold.” Then if food supplies J (are eliminated, there will lie no reason ; for “Mr. Rat” to wait around. , To complete the job, it’s algood idea - / l| Expert ! 1 Watch and Jewelry | Repairing i i i j We Are In Position To Give j 3 to 4 Day Delivery ' All Work Guaranteed! ; DAMPENS 1 i I (91 Money-Making 1 a \~/ convenience saves work! I ■ | FORD’S Driverized Cab sets new com- 1 fort standards for ’55! New full foam- I " rubber seat and seat back in the Custom | I Cab*. Work-savers .. . like smoother ■ Fordomatic * with new faster starting, low- ■ gear “step-down” for all light duty | i series .. . Power Brakes* even for half- j | tonners .. . Power Steering* for most I Big Jobs— make driving easier. I *Modest extra cost |to eliminate the rats as well. Other ' i wise they will simply migrate to an | other spot in the neighborhood. Anticoagulant poisons are readily acceptable to rats. This, plus .the fact ! that they can be handled with a fair degree of safety and ease, is making I them popular as a tool for rodent eon- { I trol. Like all poisonous substances, i however, these chemicals must be kept I . OLD FASHIONED 1 Money-Making I capacity saves trips! ® NEW axle capacities and new springs, | coupled with Ford’s high-payload con- I struction, make Ford Trucks better load carriers than ever. Ford’s new I Pickup, for example, has one of the big | gest payload capacities of any Pickup: _ 1,718 lbs. Ford gives you top payload capacities in over 190 models, ranging up I to 60,000-lb. GCW tandem-axle giants. i SEC HON TWO— out of reach of children or domestic . animals. I Warfarin and pival can be purchas ed in prepared baits or bought in pow der form to be mixed with yellow com - meal or equal parts of yellow com • meal and rolled oats, at a rate of one ■ part of the chemical concentrate to 19 ( parts bait. Up to five per cent su igar may be added to whet the rat’s appetite. Page One
The Chowan Herald (Edenton, N.C.)
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Nov. 11, 1954, edition 1
13
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