TAYLOR v. WEST VIRGINIA PULP & PAPER COMPANY

No. 20.

137 S.E.2d 833 (1964)

262 N.C. 452

John T. TAYLOR, Jr., Petitioner, v. WEST VIRGINIA PULP & PAPER COMPANY, Respondent.

Supreme Court of North Carolina.

September 23, 1964.


Attorney(s) appearing for the Case

LeRoy, Wells & Shaw, Elizabeth City, for petitioner.

Rodman & Rodman, Washington, for respondent.


SHARP, Justice.

The assignments of error properly made raise only this dual question: Are the judge's findings of fact supported by the evidence and, if so, do they support the judgment?

As one taking action preparatory to cutting and removing standing timber from his land, petitioner is entitled to condemn a cartway over respondent's property, provided (1) there is no public road or other adequate means of transportation affording him necessary and proper...

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