Burwell v. . Sneed
Supreme Court of North Carolina
Cart-way — Eviden ce — Opinion — Maps. This was AN issue, made upon a petition for a cart-way, tried upon appeal, before Armfield, J, at May Term, 1889, of Vakoe Superior Court.
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Cart-way — Eviden ce — Opinion — Maps. This was AN issue, made upon a petition for a cart-way, tried upon appeal, before Armfield, J, at May Term, 1889, of Vakoe Superior Court. It appears that the principal petitioner is the owner of a tract of land embracing 148 acres, and an additional adjoining tract of eight acres, on which is situate a grist-mill; and that Corbin Burwell, who joins in the petition, is a tenant of the principal petitioner and cultivates three or four acres of the smaller tract. A public road passes by, and there is out-let to it from the larger tract mentioned, but no…
1Opinion of the CourtMerrimon, J.
(after stating the case). The first and •second’ exceptions cannot be sustained. The map was offered in evidence to prove the existence and location of certain alleged roads designated on it by appropriate indicia. It was not a public map, nor was it made in pursuance of an order of survey made in this case, nor was it to be used, so far as appears, simply to help a witness testifying to explain his testimony to the Court and jury. It had no sanction or quality that made it of itself evidence. Jones v. Huggins, 1 Dev., 223; Dobson v. Whisenhant, 101 N. C., 645.
Tiie inquiry before the Court…
2Cases cited8 opinions
- McDonald v. . CarsonSupreme Court of North Carolina · 1886
- Hammond v. SchiffSupreme Court of North Carolina · 1888
- Pleasants v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1886
- Dugger v. . McKessonSupreme Court of North Carolina · 1888
- Dobson v. . WhisenhantSupreme Court of North Carolina · 1888
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3Cited by18 opinions
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- Tyndall Ex Rel. Tyndall v. Harvey C. Hines Co.Supreme Court of North Carolina · 1946
- Hampton v. . R. R.Supreme Court of North Carolina · 1897
- Searcy v. . LoganSupreme Court of North Carolina · 1946
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