State v. Fisher
Supreme Court of North Carolina
This was a CRIMINAL action for violation of section 1120 óf The Code, tried before Graves, J., at February Term, 1891, of Rowan Superior Court, on defendant’s appeal from a Justice of the Peace.
Read the full summary
This was a CRIMINAL action for violation of section 1120 óf The Code, tried before Graves, J., at February Term, 1891, of Rowan Superior Court, on defendant’s appeal from a Justice of the Peace. It was in evidence that the prosecutor A. L. Lingle was the owner of the lands in question and in possession ; that defendant was in the employ of the Yadkin Railroad Company, then constructing its railroad from Salisbury to Norwood; that prosecutor’s lands were on the line of said railroad; that said railroad company had purchased from prosecutor a right-of-way one hundred feet wide over his said…
1Opinion of the Court
MeejrimoN, C. J.:
The defendant insisted that he went upon the prosecutor’s land in good faith, believing and claiming that he had the right to do so as the agent of a railroad company named, and therefore he was not guilty. The Court held otherwise, and this is assigned as error.
Unquestionably the railroad company had not the shadow of right to go upon the prosecutor’s land and transport its cross-ties over the same, and no authority whatever to direct or authorize its agent or servant to do so. The statute {The Code, § 1120) expressly provides that “ if any person, after being forbidden to…
2Cases cited2 opinions
- State v. . BrysonSupreme Court of North Carolina · 1879
- State v. . CrawleySupreme Court of North Carolina · 1889
3Cited by7 opinions
- State v. ClyburnSupreme Court of North Carolina · 1958
- State v. CookeSupreme Court of North Carolina · 1958
- State v. . GlennSupreme Court of North Carolina · 1896
- State v. AventSupreme Court of North Carolina · 1961
- State v. CobbSupreme Court of North Carolina · 1964
2 more not listed; retrieve them via the Exa API.