28 S.E. 349 LEMIRA MAYBERRY ET AL. v. ALVIN MAYBERRY ET AL. Supreme Court of North Carolina (September Term, 1897.) Action to Recover Land — Arbitrators — Award — Validity of Award. 1. Arbitrators need not go into particulars and assign the reasons upon which their award is based. 2. While corruption is good ground […]
Category: North Carolina Court Opinions
TORRES v. JOHNTSON, 184 N.C. App. 191 (2007)
TORRES v. JOHNSTON CTY. No. 06-1071.North Carolina Court of Appeals. Filed June 19, 2007. [EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.] Johnston County No. 03CVS3480. Appeal by Petitioners from judgment entered 13 February 2006 by Judge William C. Gore, Jr. in Superior Court, Johnston County. Heard in the Court of […]
HARRELL v. CONSTRUCTION CO., 300 N.C. 353 (1980)
266 S.E.2d 626 DAVID HARRELL, T/A HARRELL SAND SEPTIC CO. v. W. B. LLOYD CONSTRUCTION COMPANY No. 95Supreme Court of North Carolina Filed 3 June 1980 Rules of Civil Procedure 50.5 — evidence legally insufficient — new trial properly granted Where a court on appeal reverses a trial court’s determination that plaintiff’s evidence is legally […]
REESE v. MECKLENBURG COUNTY, COA09-499 (N.C.App. 6-15-2010)
694 S.E.2d 453 JERRY ALAN REESE Plaintiff v. MECKLENBURG COUNTY, NORTH CAROLINA; MECKLENBURG COUNTY PUBLIC FACILITIES CORPORATION; 300 SOUTH CHURCH STREET, LLC; and R.B.C. CORPORATION, Defendants. No. COA09-499North Carolina Court of Appeals Filed 15 June 2010 Mecklenburg County No. 08 CvS 01. Appeal by plaintiff from orders entered on 14 May 2008, 9 June 2008, […]
ROOKS v. BRUCE, 213 N.C. 58 (1938)
195 S.E. 26 ELIZABETH ROOKS v. DR. W. H. BRUCE AND D.C. MOREHEAD. Supreme Court of North Carolina (Filed 2 February, 1938.) 1. Assault and Battery § 5 — Nonsuit held correctly allowed as to one defendant upon plaintiff’s testimony that the defendant did not curse, abuse, or frighten plaintiff, but merely took hold of […]
BELHAVEN v. HODGES, 226 N.C. 485 (1946)
39 S.E.2d 366 TOWN OF BELHAVEN v. LONNIE L. HODGES, CLAUDE D. HODGES, ZELMA N. HODGES AND EUNICE R. HODGES. Supreme Court of North Carolina (Filed 18 September, 1946.) 1. Boundaries § 5h — Ordinarily a corner or line called for in a junior deed will not be controlling in establishing a corner or line […]
SHERLIN v. R. R., 214 N.C. 222 (1938)
198 S.E. 640 MATTIE SHERLIN, ADMINISTRATRIX OF THE ESTATE OF C. C. SHERLIN, DECEASED, v. SOUTHERN RAILWAY COMPANY AND W. H. McLEAN, ENGINEER. Supreme Court of North Carolina (Filed 28 September, 1938.) 1. Railroads § 10 — Evidence held to show contributory negligence as matter of law on part of pedestrian struck on trestle. Evidence […]
PHILLIPS v. STOWE MILLS, INC., 5 N.C. App. 150 (1969)
167 S.E.2d 817 STELLA R. PHILLIPS v. STOWE MILLS, INC. No. 6927SC144North Carolina Court of Appeals Filed 18 June 1969 1. Master and Servant 89 — common-law action against third person tortfeasor — immunity from suit In plaintiff’s action for injuries sustained when a wall in a building owned by defendant fell on her, the […]
FILLYAW v. VAN LEAR, 188 N.C. 772 (1924)
125 S.E. 544 HELENE FILLYAW ET ALS. CHILDREN AND HEIRS AT LAW OF HENRIETTA FILLYAW, DECEASED, v. ROBERT VAN LEAR. Supreme Court of North Carolina (Filed 19 December, 1924.) Estates — Rule in Shelley’s Case — Deeds and Conveyances — Remainders. An estate granted by deed with habendum to the grantee for “her own use […]
KIRKLEY v. INSURANCE CO., 232 N.C. 292 (1950)
59 S.E.2d 629 MRS. LELIA KIRKLEY v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY. Supreme Court of North Carolina Filed 9 June, 1950. 1. Insurance 43a — While a policy covering accidental damage, or loss to an automobile, except by collision, like other policies, will be construed strictly against the insurer when the provisions therein are ambiguous, […]