Brown v. East Carolina Railroad
Supreme Court of North Carolina
Appeal from Ward, J., at September Term,' 1910, of GREENE. Civil action, beard on exceptions to report of referee. There was evidence tending to show that on 16 September, 1907, plaintiff and defendant company had entered into a contract that plaintiff was to construct for defendant a trestle and fender over Contentnea Creek near Hookerton, N. C., the same to be built in a substantial and workmanlike manner and completed by first of December, 1907; and defendant, on its…
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Appeal from Ward, J., at September Term,' 1910, of GREENE. Civil action, beard on exceptions to report of referee. There was evidence tending to show that on 16 September, 1907, plaintiff and defendant company had entered into a contract that plaintiff was to construct for defendant a trestle and fender over Contentnea Creek near Hookerton, N. C., the same to be built in a substantial and workmanlike manner and completed by first of December, 1907; and defendant, on its part, agreed that it would furnish and supply “On board cars, or on ground within 300 feet of said trestle, all of the…
1Opinion of the Court
Hoke, J.,
after stating tbe case: Tbe issue of indebtedness between these parties is dependent largely upon disputed questions of fact, and these having been resolved against defendant by tbe referees and on relevant testimony, and their findings having been affirmed by tbe trial court, there is very little left for our consideration. It has been uniformly held, with us, that in actions of this character “Tbe findings of fact by a referee, supported by evidence and sustained by tbe trial court, are not reversible.” Malloy v. Lincoln Mills, 132 N. C., 432; Lambertson v. Vann, 134 N. C., 108.…
2Cases cited10 opinions
- Dodds v. . HakesNew York Court of Appeals · 1889
- Rocky Mount Mills v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1896
- Benton v. J. A. Fay & Co.Illinois Supreme Court · 1872
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Davis v. . FrazierSupreme Court of North Carolina · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Grand Trunk Western R. Co. v. HW Nelson Co.Court of Appeals for the Sixth Circuit · 1941
- Troitino v. GoodmanSupreme Court of North Carolina · 1945
- Gulf States Creosoting Co. v. LovingCourt of Appeals for the Fourth Circuit · 1941
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1908
- Davis v. . FrazierSupreme Court of North Carolina · 1909
4 more not listed; retrieve them via the Exa API.