Farr v. Babcock Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Harding, J., at tbe Spring Term, 1921, of Gkaiiam. Tbe plaintiff is a resident of Grabam County, and tbe defendant is a foreign corporation, engaged in tbe manufacture of lumber, witb plants in Tennessee. Tbe defendant owned timber lands in Grabam County and operated a railroad for bauling logs from Grabam to its plants. Tbe defendant bad camps, a hospital, and an office in Grabam County.
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Appeal by defendant from Harding, J., at tbe Spring Term, 1921, of Gkaiiam. Tbe plaintiff is a resident of Grabam County, and tbe defendant is a foreign corporation, engaged in tbe manufacture of lumber, witb plants in Tennessee. Tbe defendant owned timber lands in Grabam County and operated a railroad for bauling logs from Grabam to its plants. Tbe defendant bad camps, a hospital, and an office in Grabam County. Tbe plaintiff, an employee of tbe defendant, was injured while in tbe prosecution of tbe work assigned him. Tbe complaint states four causes of action: (1) Defendant’s failure to…
1Opinion of the CourtAdams, J.
His Honor beld that the court had no jurisdiction of the first cause of action, and retained the second, third, and fourth causes for trial by jury. The defendant, thereupon excepted and appealed. The order appealed from was not final, or of such character as to deprive the defendant of any substantial right, and fot this reason the appeal was premature. The defendant can preserve its exception until a final judgment is_ rendered. In numerous cases this Court has held that a premature or fragmentary appeal will not be considered. Hailey v. Gray, 93 N. C., 196; Lane v. Richardson, 101 N. C.,…
2Cases cited3 opinions
- Emry v. ParkerSupreme Court of North Carolina · 1892
- Piedmont Manufacturing Co. v. BuxtonSupreme Court of North Carolina · 1890
- R. R. v. . KingSupreme Court of North Carolina · 1899
3Cited by9 opinions
- North Carolina Consumers Power, Inc. v. Duke Power Co.Supreme Court of North Carolina · 1974
- Johnson v. Pilot Life InsuranceSupreme Court of North Carolina · 1939
- Johnson v. CatlettSupreme Court of North Carolina · 1957
- Bradford Electric Light Co. v. ClapperCourt of Appeals for the First Circuit · 1931
- Utilities Com. v. . R. R.Supreme Court of North Carolina · 1944
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