Gwaltney v. Scottish Carolina Timber & Land Co.
Supreme Court of North Carolina
This was a civil action, tried at the December Term, 1890, of Buncombe Superior Court, before Philips, J. At the close of plaintiff’s evidence, the character of which may be gathered from the opinions and dissenting opinion, the Court intimated that, assuming the facts as testified to be true, the plaintiff could not recover, and that he would so instruct the jury. Whereupon, the plaintiff submitted to non-suit and appealed.
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This was a civil action, tried at the December Term, 1890, of Buncombe Superior Court, before Philips, J. At the close of plaintiff’s evidence, the character of which may be gathered from the opinions and dissenting opinion, the Court intimated that, assuming the facts as testified to be true, the plaintiff could not recover, and that he would so instruct the jury. Whereupon, the plaintiff submitted to non-suit and appealed. Below will be found the complaint and answer— 1. That on or about the 12th daj' of January, 1888, the plaintiff was, and still is, the owner and in the possession of a…
1DissentAvery, J.
While the criterion by which the navigability of waters was determined in England has not-been adopted as a test in America, the rule established in both countries is founded upon the same substantial reason, that where a particular watercourse can be relied upon with tolerable regularity as a highway for transporting valuable products of an extensive section of country to market, those who are engaged in conducting such commerce have an easement superior to the right of the owner of the soil or the riparian proprietor. Thunder Bay Co. v. Speechly, 31 Mich., 336; Moore v. Sanborn, 2 Mich.,…
2Cases cited21 opinions
- The Daniel BallSupreme Court of the United States · 1871
- The MontelloSupreme Court of the United States · 1874
- Morgan v. . KingNew York Court of Appeals · 1866
- Moore v. SanborneMichigan Supreme Court · 1853
- Grand Rapids Booming Co. v. JarvisMichigan Supreme Court · 1874
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