Morton v. Washington Light & Water Co.
Supreme Court of North Carolina
Appeal by defendant from Bragaw, J., at December Term, 1913, of Beaufoet. . This action is a consolidation of two actions originally brought and entitled “Charles L. Morton v. Washington Light and Water Company” and “W. B. Morton, trading as W. B. Morton & Co., v. Washington Light and Water Company.” The alleged damage in each instance was based upon the same alleged negligence, and at the trial of the action the two causes were consolidated, by consent.
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Appeal by defendant from Bragaw, J., at December Term, 1913, of Beaufoet. . This action is a consolidation of two actions originally brought and entitled “Charles L. Morton v. Washington Light and Water Company” and “W. B. Morton, trading as W. B. Morton & Co., v. Washington Light and Water Company.” The alleged damage in each instance was based upon the same alleged negligence, and at the trial of the action the two causes were consolidated, by consent. The plaintiff Charles L. Morton was originally suing for the destruction of a store building owned by him,- by a fire which occurred on the…
1DissentWalker, J.
The quotation from the contract between the town of "Washington and S. S. Spruks, predecessor of defendant, which appears in the opinion of the Court, was taken from the first preamble of the agreement, and is of no special significance, when viewed in the light of subsequent provisions, as it should be (Gudger v. White, 141 N. C., 507; Triplett v. Williams, 149 N. C., 394; Beacom v. Amos, 161 N. C., 357), and considered with reference to the principles of law recognized and applied by all the authorities. I have said all the authorities, because-it will be found, upon the most cursory…
Also in this document: Concurring in part, dissenting in part.
2Cases cited47 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- German Alliance Insurance v. Home Water Supply Co.Supreme Court of the United States · 1912
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Hendrick v. LindsaySupreme Court of the United States · 1876
- Triplett v. . WilliamsSupreme Court of North Carolina · 1908
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