Daniels v. Roanoke Railroad & Lumber Co.
Supreme Court of North Carolina
Appeal from Ferguson, J., at August Special Term, 1911, of Pamlico. This action is brought by L. Gr. Daniels and the Atlantic Coast Forest Preserve and Improvement Company to recover damages alleged to have been caused by the negligence of the defendant in setting out fire, damages for cutting timber under the size permitted by a deed under which the defendant claims, and for cutting cedar which the plaintiffs claim is not conveyed by said deed.
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Appeal from Ferguson, J., at August Special Term, 1911, of Pamlico. This action is brought by L. Gr. Daniels and the Atlantic Coast Forest Preserve and Improvement Company to recover damages alleged to have been caused by the negligence of the defendant in setting out fire, damages for cutting timber under the size permitted by a deed under which the defendant claims, and for cutting cedar which the plaintiffs claim is not conveyed by said deed. The summons was issued on 18 August, 1909. On 22 Hay, 1906, the plaintiff Daniels executed a deed to the defendant lumber company conveying “all of…
1Opinion of the CourtAllen, J.
No objection is made by answer or demurrer that there is a misjoinder of parties or causes of action, and no exception presents the question of the right of the plaintiffs to recover for trespasses committed after the commencement of the action. ¥e do not intimate that such objections would have been sustained, and refer to them only for the purpose of excluding the idea that they were relied on, and are embraced in the motion for judgment of nonsuit.
The defendant says, upon the facts admitted, that neither of the plaintiffs is entitled to maintain this action; that the plaintiff L. G.…
2Cases cited8 opinions
- Grabbs v. Farmers' Mutual Fire InsuranceSupreme Court of North Carolina · 1899
- Hocutt v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Murray, Ferris & Co. v. BlackledgeSupreme Court of North Carolina · 1874
- Liverman v. Roanoke & Tar River RailroadSupreme Court of North Carolina · 1894
- Frisbee v. Town of MarshallSupreme Court of North Carolina · 1898
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3Cited by5 opinions
- Venus Lodge No. 62 v. Acme Benevolent Ass'nSupreme Court of North Carolina · 1950
- Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918
- Woodard v. MarshallCourt of Appeals of North Carolina · 1972
- Wheeler v. Norfolk-Carolina Telegraph & Telephone Co.Supreme Court of North Carolina · 1916
- Bowen v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1913