Whitfield v. Rowland Lumber Co.
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at August Term, 1909, of Sampson. This action was brought to recover damages for defendant’s alleged cutting of trees on the plaintiffs’ land under sizes specified in bis timber deed. The facts are sufficiently stated in the opinion, taken with reference to the plaintiffs’ exceptions, as follows: (The plaintiffs’ exceptions are set out in the original.) Both sides appealed.
1Opinion
Exceptions 1, 9 and 10. It was not error to permit the witness to testify that a tree to square 12 inches should be 19 inches in diameter. It is true that a stick of timber 12 inches square will have a diagonal of 17 inches (very nearly), and that this is a matter of mathematical calculation reached by adding together the square of 2 sides (288 inches) and taking its square root, which is almost exactly 17 inches. But in squaring timber all the bark comes off and, besides, few trees are exactly round, so that the question is a practical one based upon experience and observation.
Exceptions 2,3…
2Cases cited5 opinions
- Ward v. Gay.Supreme Court of North Carolina · 1905
- Wade v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1908
- Davenport v. Norfolk & Southern & Suffolk & Carolina Railroad CompaniesSupreme Court of North Carolina · 1908
- Myers v. City of CharlotteSupreme Court of North Carolina · 1907
- Wiltz Veneer Co. v. AngeSupreme Court of North Carolina · 1914