Climson v. Poole

Circuit Court of North Carolina

Climson v. Poole

1 N.C. 47

U.S. Circuit Court for the District of North Carolina·Decided July 1, 1793·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

1 N.C. 47 (Climson v. Poole) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.