Williams v. Cape Fear Lumber Co.
Supreme Court of North Carolina
ActioN tried before Calvert, Jand a jury, at March Term, 1918, of DupliN. Tbe action was brought to recover damages for cutting and burning timber belonging to plaintiff’s testator, and the case was before this Court at Fall Term, 1916. It is reported in 172 N. C., at p. 297, where the principal facts are stated, as they then appeared.
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ActioN tried before Calvert, Jand a jury, at March Term, 1918, of DupliN. Tbe action was brought to recover damages for cutting and burning timber belonging to plaintiff’s testator, and the case was before this Court at Fall Term, 1916. It is reported in 172 N. C., at p. 297, where the principal facts are stated, as they then appeared. We awarded a new trial at that term, and the case was again tried below, when the jury returned the following verdict upon issues then submitted by the court: 1. Did the defendant Cape Feár Lumber Company wrongfully cut and remove timber and trees of…
1Opinion of the Court
Walker, J.,
after stating the case: When this case was before us at .a former term the discussion was restricted to an instruction of the court with respect to the deed from the defendant to the Camp Manufacturing Company, as bearing upon the liability of the defendant for cutting the trees, the lower court then' holding, by its instruction, that any trespass committed by the Camp Manufacturing Company, under the authority of that deed, by cutting trees on the land not conveyed thereby, would be considered as the act of the defendant, and make it liable to the plaintiffs for such unlawful act…
2Cases cited11 opinions
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
- Davis v. Summerfield.Supreme Court of North Carolina · 1903
- Smithwick v. . WardSupreme Court of North Carolina · 1859
- Economy Light & Power Co. v. HillerIllinois Supreme Court · 1903
- Helwig v. JordanIndiana Supreme Court · 1876
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- Ryan v. Eli Lilly & Co.District Court, D. South Carolina · 1981
- Norburn v. MacKieSupreme Court of North Carolina · 1964
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- Greer v. . Construction Co.Supreme Court of North Carolina · 1925
- Vidal v. ErrolSupreme Court of New Hampshire · 1932
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