Wilson v. . Scarboro
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at the April Term, 1915, of Wake. Civil action. This case was here before and is reported in 163 N. C., 380. We there ordered a new trial for errors committed below, and at the last trial issues only as to the damages were submitted to the jury, the following verdict having been returned: 1. What damages, if any, is the plaintiff entitled to recover of the defendants by reason of being prevented by the defendants from cutting the timber…
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Appeal by defendant from Daniels, J., at the April Term, 1915, of Wake. Civil action. This case was here before and is reported in 163 N. C., 380. We there ordered a new trial for errors committed below, and at the last trial issues only as to the damages were submitted to the jury, the following verdict having been returned: 1. What damages, if any, is the plaintiff entitled to recover of the defendants by reason of being prevented by the defendants from cutting the timber described in the complaint ? Answer: “$1,700.” 2. What damages, if any, are the defendants entitled to recover of the…
1Opinion of the Court
Walxeb, J.,
after stating tbe case: There are substantially but two questions presented on tbis appeal.
First. It was necessary for plaintiff to prove bis damages by testimony as to tbe value of tbe timber wbicb, by tbe wrongful conduct of tbe defendant, be was prevented from cutting on tbe land, under tbeir contract, and in order to do so, among other pertinent evidence, be offered to show at wbat price lumber was selling in that market, and was permitted to do so over defendant’s objection. We do not see why tbis was not competent and relevant. It tended to prove tbe value of tbe timber, and…
2Cases cited12 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Tillinghast v. Cotton Mills.Supreme Court of North Carolina · 1906
- Bowen v. KingSupreme Court of North Carolina · 1907
- Oldham v. . KerchnerSupreme Court of North Carolina · 1878
- Boggan v. . HorneSupreme Court of North Carolina · 1887
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3Cited by12 opinions
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- Birmingham Fire Insurance Co. of Pennsylvania v. Commercial Transportation, Inc.Supreme Court of Georgia · 1968
- Whiteheart v. GrubbsSupreme Court of North Carolina · 1950
- Bowen v. . KingSupreme Court of North Carolina · 1907
- Eaton Yale & Towne, Inc. v. StricklandSupreme Court of Georgia · 1971
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