Bridgers v. . Beaman

75 S.E. 798, 159 N.C. 521, 1912 N.C. LEXIS 326

• Court: Supreme Court of North Carolina
• Decided: September 11, 1912
• Status: Published

Opinion

Allen, J.

Tbe plaintiff and the- defendant have made tbe location of tbe depot on tbe southern limits of Hookerton material, because they have stipulated that tbe deed shall be void if it is not so located, and tbe reason the* defendant insisted on this provision is apparent.

The defendant owned land on the southern limits of Hook-erton, which was a small town, and as it was anticipated that its population and wealth would increase after the construction of the railroad, he was desirous of haying the depot located on his side of the town, so that business might be attracted in his direction instead of away from him.

The deed was delivered in escrow in 1906, and we agree with his Honor that the southern limits of Hookerton then in existence, under the charter of 1867, are those referred to; but if it was otherwise, in our opinion, based upon the map, the southern limits under the charter of 1907 are, in so far as they affect the controversy between the plaintiff and the defendant, substantially the same as under the charter of 1867.

The determination of the question presented to us depends, therefore, on the location of the depot and whether it can be said to be on the southern limits. ’

The word “on” has various’ meanings, dependent upon the purposes for which it is used. Webster says: “The general significance of on is situation, motion, or condition with respect to contact or support beneath; as: At or in contact with the surface or fipper part of a thing and supported by it. To or against the surface of. At or near; adjacent to — indicating situation, place, or position”; and the Century: “In a position above and in contact with; used before a word of place indicating .a thing upon which another thing rests or is made to rest. In a position so as to cover, overlie, or overspread. In a position at, near, or adjacent to; indicating situation or position, without implying contact or support. In or into a position in-contact with and supported by the top or upper part of something.”

Adopting the definition most favorable to the plaintiff, “near to,” we are of opinion, when all the circumstances are considered, that the plaintiff has not located the depot "on" the southern limits.

The only witness introduced by the plaintiff, and who surveyed all the lines under an order of court, says that the depot is not on the southern limits -as contained in the charter of 1867, and while, if distance alone controls, tfye depot may be said to be near those limits, it would not convey this impression when the size of the town and the location of the other limits are considered. The town of Hookerton is a small town, and the distance from the northern to the southern boundary is only about 1,750 feet. The depot is within 100 feet of the eastern boundary, within 300 feet of the northern boundary, and 1,450 feet from the southern boundary, which would seem to locate it in the northeastern part of Hookerton and« not on its southern limits.

We conclude that the plaintiff, upon his own evidence, has failed to comply with the condition in the deed, and is not entitled to recover. No question is raised by either party as to the legality of the contract.

Affirmed.