Legal Opinion

Staton v. . Wimberly

Supreme Court of North Carolina

Decided February 22, 1898PublishedCited by 6 opinions

Civil ActioN to recover a penalty under Section 711 of The Code, tried before Timberlake, J., on appeal from the judgment of a Justice of the Peace, at June Term, 3 897, of Edgecombe Superior Court. The facts appear in the opinion of the Court. His Honor instructed the jury that, upon all the evidence, the plaintiff was not entitled to recover, and a verdict having been rendered accordingly, judgment was given for the defendant and plaintiff appealed.

1Opinion of the Court

Faikcloth, C. J.:

This is an action against the defendant, as County Commissioner, to recover a penalty of $200, under The Code, Section 731, for failing to construct a draw span in the county bridge across Tar River at Tarboro, which section declares a failure of duty to be a misdemeanor and makes the offender also liable to a penalty of $200.

On the lower border of the town a railroad bridge spans the river and B00 yards above is the county bridge in question, entering said town. Three miles above, the plaintiff had located his cotton seed oil mill and used a boat on said river to and from…

2Cases cited2 opinions

  1. State v. . HatchSupreme Court of North Carolina · 1895
  2. Harriss v. . RichardsonSupreme Court of North Carolina · 1833

3Cited by6 opinions

  1. State v. . ShipmanSupreme Court of North Carolina · 1932
  2. Gwathmey v. STATE THROUGH DEPT. OF ENVIR.Supreme Court of North Carolina · 1995
  3. State v. Baum.Supreme Court of North Carolina · 1901
  4. Turner v. McKeeSupreme Court of North Carolina · 1904
  5. State v. . ShipmanSupreme Court of North Carolina · 1932

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