Young v. SOUTHERN MICA CO. OF NORTH CAROLINA

75 S.E.2d 795 (1953)

237 N.C. 644

YOUNG et al.

v.

SOUTHERN MICA CO. OF NORTH CAROLINA, Inc.

No. 161.

Supreme Court of North Carolina.

May 6, 1953.

W. E. Anglin, Burnsville, for plaintiffs, appellees.

Fouts & Watson, Burnsville, for defendant, appellant.

JOHNSON, Justice.

First, the defendant insists that its motion for judgment as of nonsuit should have been allowed.

Here the defendant relies on the clause in the lease which provides that it shall not be liable to the plaintiffs "for any waste material dropped on their lands while in transit through the flume lines * * * "; whereas the plaintiffs point…