LETTERMAN v. ENGLISH MICA COMPANY

No. 307.

107 S.E.2d 753 (1959)

249 N.C. 769

Vivian Edney LETTERMAN and husband, Charles Letterman; C. R. Edney and wife, Dolley Washburn Edney, v. ENGLISH MICA COMPANY and Harris Clay Company.

Supreme Court of North Carolina.

March 25, 1959.


Attorney(s) appearing for the Case

R. W. Wilson, Burnsville, for plaintiffs-appellants.

McBee & McBee, Spruce Pine, G. D. Bailey and W. E. Anglin, Burnsville, for defendant-appellee English Mica Co.


MOORE, Justice.

Plaintiffs contend that they alleged sufficient facts to constitute a cause of action for a continuing trespass on the part of English Mica Company on their land and roadways.

"At common law, every man's land was deemed to be inclosed, so that every unwarrantable entry on such land necessarily carried with it some damage for which the trespasser was liable. Any entry on land in the peaceable possession of another is deemed a trespass, without...

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