Bright v. Peerless Lumber Co.
Cases that cite this one
2 later published cases cite this decision.
- Taylor v. Johnston (N.C. 1976)
- West Virginia Pulp & Paper Co. v. Richmond Cedar Works (N.C. 1954)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Tbe contract excepts tbe second-growth timber and tbe original growth in tbe pastures. Tbe timber in controversy is embraced within tbe boundaries of tbe land described in tbe contract, and as tbe plaintiffs have prevented its removal, they have tbe burden of showing that tbe timber.is within tbe exception. It is not admitted that tbe timber which tbe defendant has been prevented from cutting is second growth, or in tbe pastures. This is a question which tbe jury should determine. Batts v. Batts, 128 N. C., 22; Wyman v. Taylor, 124 N. C., 426; Bernhardt v. Brown, 122 N. C., 589; Steel Co. v. Edwards, 110 N. C., 354.
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.