Blackwood v. Cates

COPELAND, Justice.

In his first assignment of error, defendant Fred S. Cates (hereinafter referred to as the defendant] claims he could not be held liable for trespass upon the Blackwood property because he and the officers had the implied consent of the owners, Mr. and Mrs. Blackwood, to enter it. This Court has stated, however, that “[o]ne who enters upon the land of another with the consent of the possessor may, by his subsequent wrongful act in excess or abuse of his authority to enter, become liable in damages as a trespasser.” Smith v. VonCannon, 283 N.C. 656, 660, 197 S.E. 2d 524, 528…