Warlick v. . Lowman
Supreme Court of North Carolina
Code, § 2056 — Cartway—Evidence—Procedendo—Judgment. This was a Proceeding, begun before the Board of Supervisors of Icard township, Burke County, for a cartway, brought by successive appeals to the Superior Court of said county, and tried before Philips, J., at Pall Term, 1889, of Burke Superior Court.
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Code, § 2056 — Cartway—Evidence—Procedendo—Judgment. This was a Proceeding, begun before the Board of Supervisors of Icard township, Burke County, for a cartway, brought by successive appeals to the Superior Court of said county, and tried before Philips, J., at Pall Term, 1889, of Burke Superior Court. The petitioner J. G. Warlick was introduced as a witness, and testified to the location of his dwelling, and that there was no way of getting to and from it, except by going over the lands of the defendant, or of one Margaret Gross; that the land owned by said parties entirely surrounded his…
1Opinion of the CourtClark, J.
— after stating facts as above: All the exceptions taken on the trial are to the admissibility of evidence offered to show that the cartway prayed for would be shorter than that suggested b3r the defendant over the Gross land. Section 2056 of The Code is in derogation of the rights of landowners, and a petitioner is not entitled to have a cartway laid out over another’s land simply because it would give him a shorter and better outlet to the public road. If he already have a private way, or, by parol license, an unobstructed way, across the land of another, the petition should be denied, and…
2Cases cited1 opinion
- Warlick v. . LowmanSupreme Court of North Carolina · 1889
3Cited by8 opinions
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- Pritchard v. ScottSupreme Court of North Carolina · 1961
- Taylor v. WEST VIRGINIA PULP & PAPER COMPANYSupreme Court of North Carolina · 1964
- Taylor v. AskewCourt of Appeals of North Carolina · 1973
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