Climson v. Poole

Circuit Court of North Carolina

Climson v. Poole

1 N.C. 47

CourtU.S. Circuit Court for the District of North Carolina

DecidedJuly 1, 1793

StatusPublished

This text of 1 N.C. 47 (Climson v. Poole) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Climson v. Poole, 1 N.C. 47 (circtnc 1793).

Pincite

Opinion

Doderidge, J,

It has been pleaded that he shut the doors continually; otherwise it would be as my brother Jones has said. If I am obliged to let I. S. have a way over my land and I lock my gates; the condition is broken; for I cannot compel him to go over the fences or send to me for the keys. It seems to me there is a difference between the case of a field and that of a house; as a house is the owner’s castle and ought to be kept with more caution than a field, as appears by 5 Rep.

Sed the parties agreed, post. p. 146. Bendl. 172.

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Doderidge, J,

It has been pleaded that he shut the doors continually; otherwise it would be as my brother Jones has said. If I am obliged to let I. S. have a way over my land and I lock my gates; the condition is broken; for I cannot compel him to go over the fences or send to me for the keys. It seems to me there is a difference between the case of a field and that of a house; as a house is the owner’s castle and ought to be kept with more caution than a field, as appears by 5 Rep.

Sed the parties agreed, post. p. 146. Bendl. 172.

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Bluebook (online)

1 N.C. 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/climson-v-poole-circtnc-1793.