Warren v. Coharie Lumber Co.
Supreme Court of North Carolina
Appeal from Whedbee, J., at August Term, 1910, of Sampson. This action was brought to recover both actual and punitive damages for obstructing the Little Coharie River, a floatable stream in Sampson County.
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Appeal from Whedbee, J., at August Term, 1910, of Sampson. This action was brought to recover both actual and punitive damages for obstructing the Little Coharie River, a floatable stream in Sampson County. Tbe plaintiff was floating a raft of telegraph poles from a point on tbe said river in Sampson •County to Wilmington, N. C. Tbe plaintiff’s agent in charge gives tbe following account of tbe act which caused tbe injury, for which this action is brought to recover damages: “I took the raft down the river. We left home on Saturday. A tree had blown across the river about a half or…
1Opinion of the CourtManning, J.
In our opinion, the evidence that the Little Coharie River was a floatable stream within the definition established by the decisions of this Court was sufficient to be submitted to tbe jury, and, approving tbe rulings of bis Honor upon tbe exceptions taken to tbe evidence addressed to tbe first issue, we cannot disturb the finding on that issue. Comrs. v. Lumber Co., 116 N. C., 731; S. v. Corporation, 111 N. C., 661; Gwaltney v. Land Co., 111 N. C., 547; s. c., 115 N. C., 581. We think tbe plaintiff was entitled to recover upon tbe evidence tbe actual or compensatory damages sustained by him…
2Cases cited22 opinions
- Stanford v. . Grocery Co.Supreme Court of North Carolina · 1906
- Chiles v. DrakeCourt of Appeals of Kentucky · 1859
- Cole v. TuckerTexas Supreme Court · 1851
- Holmes v. Carolina Central RailroadSupreme Court of North Carolina · 1886
- Freese v. TrippIllinois Supreme Court · 1873
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3Cited by2 opinions
- Downing v. . StoneSupreme Court of North Carolina · 1910
- Waters v. . Lumber Co.Supreme Court of North Carolina · 1894