Foy v. Commissioners of Craven County
Supreme Court of North Carolina
This was a civil action, tried before Winston, /., at Spring Term, 1892, of Craven Superior Court. The plaintiff alleged that the defendant was indebted to his testator, William Foy, for taking down and removing “ Cleremont bridge” to the lower Brice’s creek bridge as set forth in the complaint.
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This was a civil action, tried before Winston, /., at Spring Term, 1892, of Craven Superior Court. The plaintiff alleged that the defendant was indebted to his testator, William Foy, for taking down and removing “ Cleremont bridge” to the lower Brice’s creek bridge as set forth in the complaint. The plaintiff proved by one Hugh Murdock that he was a bridge builder, and had been such for the last fifty years; that he removed “Cleremont bridge” for plaintiff testator, and built the new bridge in its place; that a large part of the timber of the old bridge was rafted and taken about four miles…
1Opinion of the Court
MacRae, J.:
The exception to the exclusion of evidence was not insisted upon here. The only point presented to us is whether the plaintiff would be entitled to recover for moving the material of the old bridge to Brice’s creek bridge, some distance below the point where the old Cleremont bridge was taken down and the new bridge erected by plaintiff.
The contention of the defendant is that there was a written contract between plaintiff and defendant for the building of the Oleremont bridge on Trent river where the old bridge stood, which contract provided for the building by plaintiff of the…
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