Tbe disposition of tbis appeal is controlled by tbe decision in another case between tbe same parties involving tbe same filling station, ante, 58.
Error.
City of Elizabeth v. Aydlett, 200 N.C. 796 (1930)
Dec. 19, 1930
·
Supreme Court of North Carolina
200 N.C. 796
CITY OF ELIZABETH CITY v. A. L. AYDLETT.
(Filed 19 December, 1930.)
Appeal by plaintiff from Granmer, J., 23 April, 1930, at Columbia. From PasquotaNK.
Civil action to restrain tbe defendant from interfering with tbe streets, sidewalks, shade trees, lamp posts, etc., around and near tbe site of defendant’s gasoline filling or gasoline storage station, which be is seeking to erect in tbe corporate limits of Elizabeth City.
From a judgment sustaining tbe temporary' restraining order as to a shade tree and a lamp post, but otherwise dissolving it, tbe plaintiff appeals.
J. B. Leigh and Thompson <& Wilson for plaintiff.
M. B. Simpson and McM-ullan & LeBoy for defendant.