Barber v. . Griffin
Supreme Court of North Carolina
Appeal from Cooke, J., at September Term, 1911, of Mab.-TIN. Petition for a cartway, under Revisal, sec. 2686. Tbis issue was submitted to tbe jury: Is the cartway proposed by the plaintiff necessary, reasonable, and just? Answer: Yes. From the verdict and judgment establishing the cartway the defendant appealed. The facts are sufficiently stated in the opinion of the Court by Mr. Justice Brown.
1Opinion of the CourtBeowN, J.
The defendants moved to dismiss the petition upon the ground that the same did not state facts sufficient to constitute a cause of action, and to have the same considered as demurrer ore temos.
We think his Honor properly overruled the motion. The petition sets forth the fact that for over forty years there was an old pathway running through the lands of the petitioners, and the defendants, L. H. and Caroline Griffin, which was closed up by the said Griffin, greatly to the detriment and inconvenience of the petitioners. The petitioners further set forth that in order to get a convenient…
2Cases cited1 opinion
- Cook v. Vickers.Supreme Court of North Carolina · 1906
3Cited by5 opinions
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- Lowe v. RhodesCourt of Appeals of North Carolina · 1970