Clark v. Patapsco Guano Co.
Supreme Court of North Carolina
Civil actioN, tried before Bha-w, J., and a jury, at June Term, 1906, Superior. Court of Halifax County. From a judgment for plaintiff,. defendant appealed. The plaintiff alleges that he owns and cultivates a tract of land in Halifax County, containing about 1,400 acres and lying on the south side of the Roanoke River, and the defendant owns and cultivates a large tract of land which lies above the plaintiff’s and between it and the said river.
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Civil actioN, tried before Bha-w, J., and a jury, at June Term, 1906, Superior. Court of Halifax County. From a judgment for plaintiff,. defendant appealed. The plaintiff alleges that he owns and cultivates a tract of land in Halifax County, containing about 1,400 acres and lying on the south side of the Roanoke River, and the defendant owns and cultivates a large tract of land which lies above the plaintiff’s and between it and the said river. The plaintiff and those under whom he claims have for many years maintained, on what is now his farm, a dam or embankment, which is parallel with the…
1Opinion of the Court
Walker, J.,
after stating the case: There are only two exceptions discussed in the appellant’s brief, ,and those not mentioned are to be taken as having been abandoned under Rule 40 of this Court. 140 N. C., 666. While we are not required to consider them, they have been examined and found to be without merit.
The Court below need not submit issues in any particular form. If they are framed in -such a way as to present the material matters in dispute and so as to enable each of the parties to have the full benefit of his contention before the jury and a fair chance to develop his case, and, if…
2Cases cited25 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Slater v. . MersereauNew York Court of Appeals · 1876
- Jackson v. Telegraph Co.Supreme Court of North Carolina · 1905
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Bruner v. . ThreadgillSupreme Court of North Carolina · 1883
20 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Pendergrast v. AikenSupreme Court of North Carolina · 1977
- Brewer v. RingSupreme Court of North Carolina · 1919
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- Norfolk Southern Ry. Co. v. Davis Frozen Foods, Inc.Court of Appeals for the Fourth Circuit · 1952
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
30 more not listed; retrieve them via the Exa API.