Taylor v. WEST VIRGINIA PULP & PAPER COMPANY

The assignments of error properly made raise only this dual question: Are the judge’s findings of fact supported by the evidence and, if so, do they support the judgment?

As one taking action preparatory to cutting and removing standing timber from his land, petitioner is entitled to condemn a cartway over respondent’s property, provided (1) there is no public road or other adequate means of transportation affording him necessary and proper access to his own property, and (2) he satisfies the court that it is necessary, reasonable and just that he have such a private way. G.S. 136-69.…