Commissioners v. Catawba Lumber Co.
Supreme Court of North Carolina
MotioN to continue a restraining order to the hearing, heard before Mclver, J., at Chambers in Hendersonville, June 8, 1893. ■ The complaint alleges that the defendant destroyed certain bridges belonging tó the plaintiffs across the Catawba river and Johns river, in Burke county, by floating logs in said rivers, and that the defendant threatens to continue to float logs therein, and in Upper creek, also in Burke county, and that the result of such threatened floating will be…
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MotioN to continue a restraining order to the hearing, heard before Mclver, J., at Chambers in Hendersonville, June 8, 1893. ■ The complaint alleges that the defendant destroyed certain bridges belonging tó the plaintiffs across the Catawba river and Johns river, in Burke county, by floating logs in said rivers, and that the defendant threatens to continue to float logs therein, and in Upper creek, also in Burke county, and that the result of such threatened floating will be to destroy other bridges upon said rivers and creek belonging to plaintiffs. Judgment is asked for damages for the…
1Opinion of the Court
Shephekd, C. J.:
Many affidavits filed by the defendant seem to sustain its contention that the stream in question is what is known as a floatable stream. Those, however, are squarely denied by the affidavits introduced by the plaintiffs, and hence a very serious question of fact arises which must be determined by a jury. Pending this litigation the plaintiffs.asked for an order restraining the defendant from floating any logs whatever in the "said stream, but his Honor, in view of all of the circumstances, refused to grant such order, but required the defendant to enter into a bond in the sum…
2Cases cited2 opinions
- John L. Roper Lumber Co. v. WallaceSupreme Court of North Carolina · 1885
- Marshall v. Commissioners of Stanly CountySupreme Court of North Carolina · 1883
3Cited by4 opinions
- Griffin v. Southern Railway Co.Supreme Court of North Carolina · 1909
- Brinn v. . BrinnSupreme Court of North Carolina · 1938
- Jolly v. Brady.Supreme Court of North Carolina · 1900
- Beaver Lumber Co. v. EcclesOregon Supreme Court · 1903