Carter v. Coharie Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff from Carter, J., at August Term, 1912, of SAMPSON. Appeal from justice of tbe peace. Tbe plaintiff sued to recover of defendant $83.50 for work done in constructing railroad for defendant. ■ Tbe plaintiff bases bis right to recover under section 2018 of tbe Eevisal of 1905. It is admitted that tbe notice required by tbe act was properly given and served, and that tbe action was commenced in apt time.
Read the full summary
Appeal by plaintiff from Carter, J., at August Term, 1912, of SAMPSON. Appeal from justice of tbe peace. Tbe plaintiff sued to recover of defendant $83.50 for work done in constructing railroad for defendant. ■ Tbe plaintiff bases bis right to recover under section 2018 of tbe Eevisal of 1905. It is admitted that tbe notice required by tbe act was properly given and served, and that tbe action was commenced in apt time. A motion to nonsuit was allowed, and tbe plaintiff appealed.
1Opinion of the CourtBrown, J.
Tbe defendant owned and operated a lumber mill and also a standard-gauge railroad in connection therewith to Parkersburg on the Atlantic Coast Line, a distance of three miles. This road was connected with branch railroads extending in tbe woods.
Tbe same engine and cars were used over tbe main stem and its branches. Sometimes a branch is taken up and relaid elsewhere.
Tbe defendant entered into a written contract •frith one Bull-man on 24 February, 1911, by which Buhman was to operate its railroad and lumber business. The plaintiff was foreman of the railroad construction crew, kept the time,…
2Cases cited4 opinions
- Hemphill v. . Lumber Co.Supreme Court of North Carolina · 1906
- Schus v. Powers-Simpson Co.Supreme Court of Minnesota · 1902
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Pickett v. HawesSupreme Court of Iowa · 1866
3Cited by8 opinions
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Smith v. BellSupreme Court of Oklahoma · 1914
- Charles v. ThornburghSupreme Court of Oklahoma · 1914
- Craft v. . Timber Co.Supreme Court of North Carolina · 1903
- Goodman v. Tallahassee Power Co.Supreme Court of North Carolina · 1917
3 more not listed; retrieve them via the Exa API.