Legal Opinion

Morrison v. . Cornelius and Others

Supreme Court of North Carolina

Decided January 5, 1869PublishedCited by 21 opinions

Case, tried before Mitchell, J., at Fall Term 1868 of the-Superior Court of Iredell. The plaintiff declared in two counts. In one, that the-defendants knowingly left exposed a poisonous substance at a place about which plaintiff’s cattle and other cattle were used to range; and that the defendants failed to debar cattle from it by a sufficient fence or other barrier, and that plaintiff’s cattle partook of the poisonous substance, and died.

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Case, tried before Mitchell, J., at Fall Term 1868 of the-Superior Court of Iredell. The plaintiff declared in two counts. In one, that the-defendants knowingly left exposed a poisonous substance at a place about which plaintiff’s cattle and other cattle were used to range; and that the defendants failed to debar cattle from it by a sufficient fence or other barrier, and that plaintiff’s cattle partook of the poisonous substance, and died. In this count he claimed the value of the cattle in damages. In the second count he demanded double damages, for that the defendants did not guard said…

1Opinion of the CourtDice, J.

The maxim, sie utere tuo ut alienuon own laedas, has existed in the law for centuries. It has justly been regarded as one of the golden rules of jurisprudence; but the •difficulty of its application to particular cases, has given rise to much discussion and numerous adjudications, both in this •country and in England. We have examined with care some •of the leading American and English authorities, and in the midst of various conflicting views, we think they establish some general uniform rules on the subject. We shall only refer to those which are applicable to the case before us.

In all…

2Cases cited1 opinion

  1. Birge v. GardinerSupreme Court of Connecticut · 1849

3Cited by21 opinions

  1. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  2. Manly v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1876
  3. Walker v. Town of ReidsvilleSupreme Court of North Carolina · 1887
  4. Bowden v. BellCourt of Appeals of North Carolina · 1994
  5. Bosley v. AlexanderCourt of Appeals of North Carolina · 1994

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