Arthur v. . Henry
Supreme Court of North Carolina
Appeal from Carter, J., at May Term, 1911, of Buncombe. This action was brought by the plaintiff against the defendant to recover damages alleged to have been sustained by the plaintiff on account of tbe operation of a stone quarry by the defendant Philip S. Henry, on land belonging to the defendant and adjoining plaintiff’s land. An injunction was sought in the case against all the defendants, but damages claimed only as against the defendant Philip S. Henry.
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Appeal from Carter, J., at May Term, 1911, of Buncombe. This action was brought by the plaintiff against the defendant to recover damages alleged to have been sustained by the plaintiff on account of tbe operation of a stone quarry by the defendant Philip S. Henry, on land belonging to the defendant and adjoining plaintiff’s land. An injunction was sought in the case against all the defendants, but damages claimed only as against the defendant Philip S. Henry. The plaintiff claimed that the defendant had operated his quarry, which was within a few feet of the line between plaintiff and…
1Opinion of the CourtAlleN, J.
There are forty-three exceptions in the record, all of which may be considered under the following propositions:(1) Is there evidence which justified submitting the case to the jury?(2) Is there evidence upon which the defendant can be held liable for the acts of Faragher Company?(3) Is there any evidence of wanton or malicious conduct on the part of the defendant which will support an award of punitive damages?(4) Did the plaintiff consent to the operations of the defendant, and if so, does such consent absolve him from liability?(5) Does the evidence of the plaintiff that he claimed no…
2Cases cited3 opinions
- Hunter v. Southern Railway Co.Supreme Court of North Carolina · 1910
- Tucker v. Winders.Supreme Court of North Carolina · 1902
- Thomas v. Hammer Lumber Co.Supreme Court of North Carolina · 1910
3Cited by18 opinions
- Guilford Realty & Insurance Co. v. Blythe Bros. Co.Supreme Court of North Carolina · 1963
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- Jeffress v. Norfolk Southern RailroadSupreme Court of North Carolina · 1912
- Binder v. General Motors Acceptance Corp.Supreme Court of North Carolina · 1943
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