Hunt v. . Vanderbilt
Supreme Court of North Carolina
Civil actioN, to recover damages for personal injuries, tried before Mclver, J., at Spring Term, 1894, of Buncombe Superior Court. • The complaint alleged, in substance, that the defendants being the owner of a lot of land in Asheville, employed one E. H. Britt to excavate it (preparatory to building a house thereon) under the superintendence, control, management and direction of the defendants; that said Britt, “ under the supervision, control and direction of the…
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Civil actioN, to recover damages for personal injuries, tried before Mclver, J., at Spring Term, 1894, of Buncombe Superior Court. • The complaint alleged, in substance, that the defendants being the owner of a lot of land in Asheville, employed one E. H. Britt to excavate it (preparatory to building a house thereon) under the superintendence, control, management and direction of the defendants; that said Britt, “ under the supervision, control and direction of the defendants, began, by the use of gunpowder, dynamite, etc., to blast out rocks, and created and continued a public nuisance until…
1Opinion of the Court
Shepherd, C. J.:
We have given this case a very careful consideration, but in view of the variance between the allegations and the proof, which in itself affords a sufficient ground for the intimation of his Honor, we have concluded to refrain from the discussion of the interesting questions so elaborately argued by counsel, and which go to the merits of the controversy, when they shall be properly presented to the Court. Although we are prepared to pass upon these questions, yet as the case is of a peculiar character, and another action may be brought in which the testimony may present new…
2Cases cited5 opinions
- Willis v. BranchSupreme Court of North Carolina · 1886
- Brittain v. . DanielsSupreme Court of North Carolina · 1886
- Browning v. . BerrySupreme Court of North Carolina · 1890
- Abernathy v. . SeagleSupreme Court of North Carolina · 1887
- Pendleton v. . DaltonSupreme Court of North Carolina · 1887
3Cited by5 opinions
- Whichard v. LipeSupreme Court of North Carolina · 1942
- Whichard v. . LipeSupreme Court of North Carolina · 1942
- Talley v. Harriss Granite Quarries Co.Supreme Court of North Carolina · 1917
- Huntt v. McNameeCourt of Appeals for the Fourth Circuit · 1905
- Wilkes Poultry Co. v. Clark Trailer & Equipment Co.Supreme Court of North Carolina · 1958