Legal Opinion

Sledge v. . Reid, Sheriff, C.

Supreme Court of North Carolina

Decided June 5, 1875PublishedCited by 31 opinions

Civil aotioN, in the nature of Trover, tried before Moore, J. and a jury, at the December (Special) Term, 1873, of Halifax Superior Court. The plaintiff demanded the value of a mule, which he alleged the defendant had wrongfully taken from his possession in April, 1871, and converted to his own use; and also additional and specific damages, resulting from such taking and conversion.

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Civil aotioN, in the nature of Trover, tried before Moore, J. and a jury, at the December (Special) Term, 1873, of Halifax Superior Court. The plaintiff demanded the value of a mule, which he alleged the defendant had wrongfully taken from his possession in April, 1871, and converted to his own use; and also additional and specific damages, resulting from such taking and conversion. The conversion was admitted ; and the jury, in response to an issue submitted as to the value of the mule at that time, assessed its value at $75; for which the plaintiff had judgment ; and from which the…

1Opinion of the Court

RtNüm, J.

Consequential damage, to be recoverable, in an action of tort, must be the proximate consequence of the act complained of, and not the secondary result thereof. The rule is plain ; the difficulty, if any, is in its application. The dividing line between proximate and remote damage, is sometimes so indistinct as to leave a field of doubtful and disputed ground. No difficulty of that sort arises here, and the case affords an apt illustration of the rule.

The proximate damage to the plaintiff from the tort of the defendant, was the loss of the mule; a shortening of the crop was the…

Also in this document: Per curiam.

2Cases cited2 opinions

  1. Blanchard v. ElyNew York Supreme Court · 1839
  2. Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870

3Cited by31 opinions

  1. Peed v. Burleson's, Inc.Supreme Court of North Carolina · 1956
  2. Johnson v. Railroad Co.Supreme Court of North Carolina · 1906
  3. Cushing v. Seymour, Sabin & Co.Supreme Court of Minnesota · 1883
  4. Bowen v. KingSupreme Court of North Carolina · 1907
  5. Johnson v. . R. R.Supreme Court of North Carolina · 1922

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