Farmer v. . Bright
Supreme Court of North Carolina
Appeal by plaintiff from Brock, J., at January Term, 1922, of Haywood. Proceedings to establish a cartway over lands of defendant, under Public-Local Laws 1921, ch. 291, beard on appeal from action by board of county commissioners dismissing the petition.
1Opinion of the CourtHoke, J.
There was evidence on the part of plaintiff tending to show that he lived in Haywood County, one and a half miles east of Hazel-wood, and that he had no public road and no cartway as of right leading out from his home to the public road. That he was using, by permission, a road over the lands of Frank Welch, Esq., which enabled him to reach a public road, but this was one mile further than the proposed cartway in reaching plaintiff’s mill, church, schoolhouse, etc. That the proposed cartway to a public road, leading over defendant’s land, had been used for fifty years for travel on foot and…
2Cases cited2 opinions
- Warlick v. . LowmanSupreme Court of North Carolina · 1889
- Cook v. . VickersSupreme Court of North Carolina · 1907
3Cited by1 opinion
- Norback v. Board of Directors of Church Extension Soc.Utah Supreme Court · 1934