Supreme Court of North Carolina, 1959

Fulcher v. Smith

Supreme Court of North Carolina · Decided February 25, 1959 · Consideration, Cüriam, Moore, Pant, Took

249 N.C. 645; 107 S.E.2d 68; 1959 N.C. LEXIS 380

Cases that cite this one

1 later published case cites this decision.

In re Scarborough (N.C. 1964)

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

PeR CüRiam.

The cause o-f action stated is for an assault. The lease and plaintiff’s occupancy pursuant thereto merely -afforded an opportunity for an -assault. The forced abandonment of plaintiff’s property to escape defendant’s advances is but an element -of -damages. The action is -transitory, not local. Clay Co. v. Clay Co., 203 N.C. 12, *646164 S.E. 341; Causey v. Morris, 195 N.C. 532, 142 S.E. 783.

Affirmed.

MooRE, J., took no pant in -the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.