Sutton v. . Lyons
Supreme Court of North Carolina
Appeal from Justice, J., at tbe February Term, 1911, of Cueeituck. This is. an action to recover damages for personal injury. Tbe plaintiff alleges tbat be was injured by tbe negligence of tbe defendant on 7 August, 1906, while working at ber mill, and tbat the negligence consisted in a defect in tbe machinery. Tbe defendant denies negligence, and also denies that she was tbe owner of tbe mill or tbat she operated it.
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Appeal from Justice, J., at tbe February Term, 1911, of Cueeituck. This is. an action to recover damages for personal injury. Tbe plaintiff alleges tbat be was injured by tbe negligence of tbe defendant on 7 August, 1906, while working at ber mill, and tbat the negligence consisted in a defect in tbe machinery. Tbe defendant denies negligence, and also denies that she was tbe owner of tbe mill or tbat she operated it. Tbe defendant admits in ber answer tbat tbe mill is located on ber land, and tbat it was engaged in sawing some of tbe timber on tbe land, but says tbat it bas not been in…
1Opinion of the Court
AlleN, J.,
after stating tbe ease: In our opinion, there was evidence fit to be submitted to tbe jury. It is not conclusive in its nature, and may be weakened or strengthened, when all tbe facts are developed.
Tbe admission that she is tbe owner of tbe land on which tbe mill is located is some evidence that she is tbe owner of tbe mill. If affixed to tbe soil it would be a part of tbe land, nothing else appearing, and if not, and it was personalty, tbe fact that it is on her land is evidence of possession, and evidence of tbe possession of personalty is evidence of title, in tbe absence of…
2Cases cited2 opinions
- West v. . Grocery Co.Supreme Court of North Carolina · 1905
- Midgette v. Branning Manufacturing Co.Supreme Court of North Carolina · 1909
3Cited by17 opinions
- Cole v. . R. R.Supreme Court of North Carolina · 1937
- Parrish v. Boysell Manufacturing Co.Supreme Court of North Carolina · 1936
- State v. . LassiterSupreme Court of North Carolina · 1926
- Jones v. Carolina Power & Light Co.Supreme Court of North Carolina · 1934
- Anderson v. . WilkinsSupreme Court of North Carolina · 1906
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