Brown v. . Glass
Supreme Court of North Carolina
1DissentDevint, J.
I do not agree that the provisions of the cart-way statute should be so strictly construed as in this case apparently to defeat its remedial purpose.
In Ford v. Manning, 152 N. C. 151, Justice Hoke said, “While many of the decisions are to the effect that these statutes, being in derogation of common right, should be strictly construed, and the petitioner required to bring himself clearly within the meaning of their terms, there is doubt if some of the cases have not gone too far in applying this principle of construction, and if it is not a more wholesome rule to construe the statute in a way…
2Cases cited3 opinions
- Ford v. . ManningSupreme Court of North Carolina · 1910
- Brown v. MobleySupreme Court of North Carolina · 1926
- Gorham v. Southern Railway Co.Supreme Court of North Carolina · 1912