Gay v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
ActioN tried before Lyon, J., and a jury, at December Term, 1907, of Geeene. Damages are sought for the burning .of timber, etc., upon plaintiff’s lands, through the negligence of defendant’s agents, employees, etc.
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ActioN tried before Lyon, J., and a jury, at December Term, 1907, of Geeene. Damages are sought for the burning .of timber, etc., upon plaintiff’s lands, through the negligence of defendant’s agents, employees, etc. Among the defenses set up was that of independent contractor, and during the trial a written contract was introduced in evidence by defendant, as follows: “This agreement, made this 1 February, 1905, by and between W. E. Jackson and Milton H. Jackson,' trading as Jackson Bros., of Lugwell, Pitt County, North Carolina, and the Eoanoke Eailroad and Lumber Company, of Norfolk,…
1Opinion of the CourtBnowisr, J.
It is unnecessary to consider all tbe errors assigned, as they may not arise on another trial. Two errors assigned in the record we think are fatal to the judgment rendered.
1. One of the tracts of land alleged to have been burned over'was called the 'Williams' land. The defendants’ counsel asked the plaintiff, on cross-examination, if the timber on that land was not owned by some one else at the time of the fire. The question, upon objection by plaintiff, was excluded. In this we think his Honor erred. We suppose the question was excluded upon the idea that defendants were attempting to prove…
2Cited by21 opinions
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- Bristol & Gale Co. v. Industrial CommissionIllinois Supreme Court · 1920
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Denny v. City of BurlingtonSupreme Court of North Carolina · 1911
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