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SCHAFER v. SOUTHERN RAILWAY COMPANY

No. 771.

148 S.E.2d 292 (1966)

267 N.C. 419

I. A. SCHAFER v. SOUTHERN RAILWAY COMPANY.

Supreme Court of North Carolina.

May 25, 1966.

Attorney(s) appearing for the Case

White, Crumpler, Powell, Pfefferkorn & Green, Winston-Salem, for plaintiff appellant.

W. T. Joyner, Raleigh, Womble, Carlyle, Sandridge & Rice, Winston-Salem, for defendant appellee.

LAKE, Justice.

This cause, filed 14 January 1966, is reported in 266 N.C. 285, 145 S.E.2d 887. In that opinion it is stated:

"The undisputed evidence is that the defendant, without permission, entered upon land in possession of the plaintiff and dug a ditch thereon. This being denied in the answer, the court should have submitted to the jury the issue: Did the defendant trespass upon the...

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