Robertson v. Plymouth Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Qormor, J., at September Term, 1913, of ÜVÍARTIN. Civil action, tried upon these issues: 1. Was the plaintiff’s boat injured by the negligence of defendant, as alleged? Answer: Yes. 2. If so, what damage did plaintiff sustain? Answer: $250. From the judgment rendered, defendant appealed.
1Opinion of the CourtBrown, J.
The action is to recover damages for failure to return plaintiff’s gas boat in good condition. The defendant denies that it hired the boat or that it was injured by its negligence.
The defendant excepts to the ruling of the court permitting Thomas Hopkins, a witness for plaintiff, to testify: “Later, Horton told me to tell'Robertson that Plymouth Lumber Company had decided to take the boat, and would pay every two weeks, and would keep her in good repair and return her in good condition.”
It is contended that the declaration of Horton is that of an agent relating to a past transaction, and is…
2Cases cited4 opinions
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Southerland v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Gazzam v. German Union Fire InsuranceSupreme Court of North Carolina · 1911
- Styles v. Whiting Manufacturing Co.Supreme Court of North Carolina · 1913
3Cited by7 opinions
- Sawyer v. . WilkinsonSupreme Court of North Carolina · 1914
- Fleming v. Washington & Vandemere RailroadSupreme Court of North Carolina · 1915
- Lacy v. Hartford Accident & Indemnity Co.Supreme Court of North Carolina · 1927
- St. Paul Fire & Marine Insurance v. Chas. H. Lilly Co.Washington Supreme Court · 1956
- Bratt v. PooleWashington Supreme Court · 1919
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