Branch v. . Chappell
Supreme Court of North Carolina
This was a oivil action, heard before Graham, J., at Halifax Superior Court, March, 1896, on appeal from judgment of a Justice of the Peace. A jury trial was waived. The plaintiff claimed $13.05 for work and labor done for defendant. The defendant set up counter-claim for $15.30 for services of themselves and twenty hands in putting out fire which the defendant alleges was ignited by the carelessness of the plaintiff while cutting lumber in woods for defendants.
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This was a oivil action, heard before Graham, J., at Halifax Superior Court, March, 1896, on appeal from judgment of a Justice of the Peace. A jury trial was waived. The plaintiff claimed $13.05 for work and labor done for defendant. The defendant set up counter-claim for $15.30 for services of themselves and twenty hands in putting out fire which the defendant alleges was ignited by the carelessness of the plaintiff while cutting lumber in woods for defendants. ITis Honor being of opinion that a counter-claim sounding in tort could not be maintained in this action, gave judgment for…
1Opinion of the Court
Clark, J.:
The plaintiff sued the defendants for work and labor done in cutting timber trees. The defendants offered, as a counter-claim, to show that the plaintiff, while so engaged at work for defendants, negligently permitted fire to escape, damaging the defendants, who were put also to much expense to put out the fire to prevent greater damage. The sole question is whether the damage caused by the negligence of the plaintiff while engaged in work for defendants is a counter-claim in an action for compensation for such wor.k.
The spirit of The Code is to prevent multiplicity of actions, and…
2Cases cited8 opinions
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Goebel v. HoughSupreme Court of Minnesota · 1879
- Lessee of Hannel v. SmithOhio Supreme Court · 1846
- Bitting v. . ThaxtonSupreme Court of North Carolina · 1875
- Norris v. TharpIndiana Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hancammon v. . CarrSupreme Court of North Carolina · 1948
- Rollison v. HicksSupreme Court of North Carolina · 1951
- STANDARD AMUSEMENT COMPANY v. TarkingtonSupreme Court of North Carolina · 1958
- John Slaughter Co. v. Standard MacHine Co.Supreme Court of North Carolina · 1908
- Rollison v. HicksSupreme Court of North Carolina · 1951