Norfolk Southern Railroad v. Smitherman
Supreme Court of North Carolina
Civil ACTION, tried before Harding, J., and a jury, at April Term, 1917, of MONTGOMERY. The plaintiffs alleged that defendants had trespassed upon certain land described in the complaint, and asks for damages.
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Civil ACTION, tried before Harding, J., and a jury, at April Term, 1917, of MONTGOMERY. The plaintiffs alleged that defendants had trespassed upon certain land described in the complaint, and asks for damages. The defendants,. T. J. Smitherman and wife, conveyed to the Durham and Charlotte-Railway Company the land which is situated in the town of Troy, with the following habendum in the deed: “To have and to hold the aforesaid tract of land, with the appurtenances and every part thereof, unto-the said party of the second part, its successors and assigns, to their-proper use and behoof…
1Opinion of the Court
Walker, J.,
after stating the case as above: . The question which the witness, W. I. Myrick, was allowed to answer was incompetent, and should have been excluded. Its admission was clearly prejudicial, and, considering the other testimony in the case, it doubtless controlled the jury in rendering the verdict for the defendant. The witness, S. T. Brown, mentioned in the question and answer, had no authority, express or implied, to surrender possession of the old building to the defendant, or to any one under their direction, nor was any declaration made by him to Myrick, as to what the…
2Cases cited6 opinions
- Smith v. N. C. RailroadSupreme Court of North Carolina · 1873
- Bank v. Hay.Supreme Court of North Carolina · 1906
- Johnson v. Rhode Island InsuranceSupreme Court of North Carolina · 1916
- Morgan v. Royal Benefit Society & Royal Fraternal Ass'nSupreme Court of North Carolina · 1914
- Rumbough v. Southern Improvement Co.Supreme Court of North Carolina · 1893
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3Cited by23 opinions
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- Lucas v. Li'l General StoresSupreme Court of North Carolina · 1976
- Commercial Solvents, Inc. v. JohnsonSupreme Court of North Carolina · 1952
- Miles F. Bixler Co. v. BrittonSupreme Court of North Carolina · 1926
- Mayo v. American Fire & Casualty CompanySupreme Court of North Carolina · 1972
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