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TURLINGTON v. MCLEOD

No. 206PA88.

374 S.E.2d 394 (1988)

323 N.C. 591

Dennis P. TURLINGTON v. Rosa D. McLEOD, Grace Matthews, Fred McLeod, Louise McLeod, John Seymour, Karen Seymour, Ronnie Lee, June Ellen Lee, Maylon Avery, Flossie Avery, Mike Johnson, Kathy Johnson, Harry Matthews, Debbie Matthews, Mackie White, Betty Byrd White, Craig Matthews, and Denise Currin Matthews.

Supreme Court of North Carolina.

December 8, 1988.

Attorney(s) appearing for the Case

Stewart and Hayes by Gerald W. Hayes, Jr. and Vernon K. Stewart, Dunn, for petitioner-appellant.

Bryan, Jones, Johnson & Snow by James M. Johnson, Dunn, for respondents-appellees.

MITCHELL, Justice.

The question presented by this case is whether the cartway statute, N.C.G.S. § 136-69 *, employs the general meaning of "timber" and thereby provides for cartways for purposes of cutting and removing firewood from property to which there is no other access from public roads. We conclude that it does. Therefore, we reverse the decision of the Court of Appeals.

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