Turlington v. McLeod

MITCHELL, Justice.

The question presented by this case is whether the cartway statute, N.C.G.S. § 136-69 * , employs the general meaning of “tim ber” and thereby provides for cartways for purposes of cutting and removing firewood from property to which there is no other access from public roads. We conclude that it does. Therefore, we reverse the decision of the Court of Appeals.

The facts are not in dispute. The trial transcript and record on appeal show that the petitioner owns a tract of land of about 21 acres in Harnett County that is surrounded by the lands of the respondents and fronts on…