Legal Opinion · Dissent

Harris v. Balfour Quarry Co.

Supreme Court of North Carolina

Decided December 18, 1902Published

Action by I. G. Harris against the Balfour Quarry Company, heard by Judge W. B. Councill and a jury, at May Term, 1902, of the Superior Court of Henderson County. From a judgment for the plaintiff, the defendant appealed.

1DissentD.ouglas, J.

I can not concur in the opinion of the Court, as it seems to me to establish a dangerous innovation in pleading and a most unjust discrimination between the plaintiff and defendant. Section 260 of The Code provides that “In the construction of a pleading for the purpose of determining its effect, its allegations shall be liberally construed, with a view of substantial justice between the parties.” Of course tire plaintiff must state the material facts constituting his cause of action so as to give the defendant reasonable notice of what it will be called upon to answer; but it would be…

2Cases cited1 opinion

  1. Cogdell v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902

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