Jones v. GEORGIA-PACIFIC CORPORATION

BRITT, Judge.

Plaintiffs contend the trial court erred in dismissing Count II of the amended complaint. We hold that Count II except for paragraph eight was properly pleaded and should not have been dismissed.

In McIntosh, North Carolina Practice and Procedure, 2d Ed., § 1134, we find:

At common law there were different forms of action ex delicto, and the plaintiff might in certain cases have a choice as between forms of action. If one entered upon the land of another and cut trees and carried them away, the owner might have several different remedies. He might sue in trespass q.c.f. for injury…