Legal Opinion

Roberts v. . Cole

Supreme Court of North Carolina

Decided January 5, 1880PublishedCited by 11 opinions

Civil Action tried at Spring Term, 1879, of Moore Superior Court, before McKoy, J. Verdict in favor of the plaintiff, judgment, appeal by defendant.

1Opinion of the Court

SMITH, C. J.'

The parties to the suit entered into a mutual agreement to build and keep in repair, each a separate portion of a common division fence, which separated and protected their respective cultivated'fields. The-defendant failed to fulfil his contract, and his part of the fence becoming decayed and rotten, hogs broke through into the plaintiff’s field, and rooted up and injured his crop, and this action is brought to recover compensation in damages therefor. The only exceptions of the appellant taken during the trial are:

1. The refusal of the court to charge the jury that the…

2Cases cited1 opinion

  1. MacE v. . RamseySupreme Court of North Carolina · 1876

3Cited by11 opinions

  1. Machine Co. v. . Tobacco Co.Supreme Court of North Carolina · 1906
  2. Whitaker v. EarnhardtSupreme Court of North Carolina · 1976
  3. Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
  4. Willis v. BranchSupreme Court of North Carolina · 1886
  5. Bridgers v. . DillSupreme Court of North Carolina · 1887

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