Gwaltney v. Scottish Carolina Timber Co.
Supreme Court of North Carolina
Civil action, for damages alleged to have resulted to the plaintiff's dam and fish trap by floating logs placed in the French Broad river by the defendant, tried at Spring Term, 1893, of Buncomebe Superior Court, before Graves, J. The following were the issues : “1. Was the plaintiff the owner of the dam and fish trap at the time of the alleged injury ? “ 2. Was plaintiff in the possession of the dam and fish trap at the time of the injury alleged in the complaint ? “ 3. At…
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Civil action, for damages alleged to have resulted to the plaintiff's dam and fish trap by floating logs placed in the French Broad river by the defendant, tried at Spring Term, 1893, of Buncomebe Superior Court, before Graves, J. The following were the issues : “1. Was the plaintiff the owner of the dam and fish trap at the time of the alleged injury ? “ 2. Was plaintiff in the possession of the dam and fish trap at the time of the injury alleged in the complaint ? “ 3. At the time of the alleged injury was the French Broad river, at the point of the alleged injury, such a stream that…
1Opinion of the Court
MaoRae, J.:
The complaint and answer are set out in full in 111 N. C., 574. On the former trial, after the testimony was closed, his Honor, the presiding Judge, intimating the opinion that, assuming the facts as testified to be true, the plaintiff was not entitled to recover, he submitted to a nonsuit and appealed.
In the opinion of this Court delivered by the Chief Justice, it was held that there was testimony proper to be submitted to the jury in order that they might determine whether the French Broad river, at the point of. the alleged wrong and injury was what is now called a floatable]…
2Cases cited4 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Sledge v. . Reid, Sheriff, C.Supreme Court of North Carolina · 1875
- Buckner v. . AndersonSupreme Court of North Carolina · 1892
- Morgan v. . LewisSupreme Court of North Carolina · 1886
3Cited by15 opinions
- Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Peel v. Gulf Transport Co.Mississippi Supreme Court · 1965
- Coney v. Lihue Plantation Co., Ltd.Hawaii Supreme Court · 1951
- Commissioners of Burke County v. Catawba Lumber Co.Supreme Court of North Carolina · 1895
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