Hatchell v. . Kimbrough
Supreme Court of North Carolina
This was an aotioN of trespass, q. c. f., tried before PbrsoN, J., at the Pall Term, 1856, of Caswell Superior Court. The declaration alleged a trespass in breaking the defendant’s close, and tearing away the roof of her house, iy which she was exposed to intense cold, which caused her much suffering and disease, and resulted in the loss of one of her eyes.
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This was an aotioN of trespass, q. c. f., tried before PbrsoN, J., at the Pall Term, 1856, of Caswell Superior Court. The declaration alleged a trespass in breaking the defendant’s close, and tearing away the roof of her house, iy which she was exposed to intense cold, which caused her much suffering and disease, and resulted in the loss of one of her eyes. The proof was that the defendant caused his slaves to go to the house iu which the plaintiff lived with her children, and throw off the roof of the house, and haul it away in his wagon ; that very severe weather ensued shortly thereafter;…
1Opinion of the CourtPearson, J.
1. The action was well brought. The plaintiff was in possession as lessee for years. Tiie circumstance that the defendant, who was the lessor, furnished the plaintiff with a horse, had no other effect than to entitle him to a larger part of the cropo as rent. It did not alter the relation of landlord and tenant, or affect, in any way, the right of the plaintiff to the exclusive possession. The doctrine in regard to a cropper has no application. Ross v. Swearingen, 9 Ire. Rep. 481.
2. If the plaintiff was not entitled to recover in this action for the loss of her eye, in aggravation of damages,…
2Cited by4 opinions
- Kirby v. Jules Chain Stores Corp.Supreme Court of North Carolina · 1936
- Eller v. RailroadSupreme Court of North Carolina · 1905
- Suggs v. CarrollCourt of Appeals of North Carolina · 1985
- Virginia-Carolina Peanut Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911