Bristol v. Carolina Clinchfield & Ohio Railway Co.
Supreme Court of North Carolina
ActioN, heard upon motion in the cause, before Justice; J., at December Term, 1917, of Bubke. Plaintiff seeks to recover damages for injury to his land by burning his timber, which he alleged was caused by fire negligently set out from one of defendant’s engines “on or about 28 April, 1916.” The complaint was filed at October Term, 1916, and answer 17 March, 1917, and motion was made by defendant under Revisal, sec. 496, to make the complaint more certain and definite at…
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ActioN, heard upon motion in the cause, before Justice; J., at December Term, 1917, of Bubke. Plaintiff seeks to recover damages for injury to his land by burning his timber, which he alleged was caused by fire negligently set out from one of defendant’s engines “on or about 28 April, 1916.” The complaint was filed at October Term, 1916, and answer 17 March, 1917, and motion was made by defendant under Revisal, sec. 496, to make the complaint more certain and definite at December Term, 1917. The court made the following order upon the motion: “In the above entitled cause, and six others…
1Opinion of the Court
WalKEb, J.,
after stating the case: The motion might well have been denied, because of defendant’s long delay and gross laches in moving for the amendment or for a bill of particulars, but, on the other hand, .it does not appear that the plaintiff could not have amended his allegation so as to have complied with the order. Plaintiff says, in his brief, that it is impossible to make the allegation more definite. This, however, should have been addressed to the judge, who has a large discretion in such matters. If it had appeared to him, by affidavit or otherwise, that such was the case, he…
2Cases cited6 opinions
- Blackmore v. . WindersSupreme Court of North Carolina · 1907
- State v. . BradySupreme Court of North Carolina · 1890
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Allen v. Carolina Central Railway Co.Supreme Court of North Carolina · 1897
- Buie v. . BrownSupreme Court of North Carolina · 1889
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3Cited by5 opinions
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- EAST CAROLINA LUMBER COMPANY v. Pamlico CountySupreme Court of North Carolina · 1959
- Ætna Life Insurance v. GriffinSupreme Court of North Carolina · 1931
- Sentelle v. . Board of EducationSupreme Court of North Carolina · 1930
- Shill v. JonesArizona Supreme Court · 1920