Legal Opinion
Wheatley v. Phillips
District Court, W.D. North Carolina
Decided April 13, 1964No. Civ. 2139PublishedCited by 8 opinions
1Opinion of the Court
CRAVEN, Chief Judge:
This is a suit for monetary damages resulting from negligent failure to remove cut timber from a lake site in Georgia, the timber having washed into Lower Grass Creek and Rood Creek and damaged the sub-structures of certain bridges. Ownership of the realty is not disclosed by the pleadings and apparently is not an issue. Jurisdiction rests upon diversity of citizenship of the parties. The defendants have moved the court to dismiss the action on the ground that it is for damage to real property situated in Stewart County, Georgia, and is, therefore, a “local” action that…
2Cases cited9 opinions
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- Hoffman v. BlaskiSupreme Court of the United States · 1960
- Huntington v. AttrillSupreme Court of the United States · 1892
- Neirbo Co. v. Bethlehem Shipbuilding Corp.Supreme Court of the United States · 1939
- Laslie v. Gragg Lumber Co.Supreme Court of Georgia · 1937
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Myers v. American Dental Ass'nCourt of Appeals for the Third Circuit · 1982
- Lloyd Hayes v. Gulf Oil Corporation, Now Known by Change of Name as Chevron Usa, Inc.Court of Appeals for the Fifth Circuit · 1987
- Myers v. American Dental AssociationCourt of Appeals for the Third Circuit · 1983
- Eason v. Linden Avionics, Inc.District Court, D. New Jersey · 1989
- Prawoto v. PrimeLendingDistrict Court, C.D. California · 2010
3 more not listed; retrieve them via the Exa API.