{
  "id": 11276896,
  "name": "State v. Seawell and others",
  "name_abbreviation": "State v. Seawell",
  "decision_date": "1824-06",
  "docket_number": "",
  "first_page": "193",
  "last_page": "194",
  "citations": [
    {
      "type": "nominative",
      "cite": "3 Hawks 193"
    },
    {
      "type": "official",
      "cite": "10 N.C. 193"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 159,
    "char_count": 2513,
    "ocr_confidence": 0.39,
    "sha256": "0a0824f43bef98dcaea002249d8ef86d20f367cf29dc3973b1392a3acc46e892",
    "simhash": "1:fd1042fa5d08786b",
    "word_count": 437
  },
  "last_updated": "2023-07-14T20:47:55.468459+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Tayeor, Chief-Jastice, and Henderson, Judge, Con-burred."
    ],
    "parties": [
      "State v. Seawell and others."
    ],
    "opinions": [
      {
        "text": "Ham, Judge.\nIt is admitted, that the road which led over the bridge in question, was not a public road; it had not been established by law. There was no contract between the Defendant and the Public, in consequence of which the bridge was built; and the building of the bridge, could not certainly create a contract, by which the Defendant was under any obligation to the Public to keep it in repair; he put it there by the consent of the owner of the land, there was no obligation on him to do so, and his having done so, creates no obligation on him to keep it up.\nTayeor, Chief-Jastice, and Henderson, Judge, Con-burred.",
        "type": "majority",
        "author": "Ham, Judge."
      }
    ],
    "attorneys": [],
    "corrections": "",
    "head_matter": "State v. Seawell and others.\n1 From Cumberland,\nWhere the proprietors of a public bridge, in order to draw travellers from a public ferry, open a private road, by permission of the owner of the soil, above the ferry, leading to the foot of the bridge, .and erect a small bridge over an intervening creelt, such proprietors are not indictable for any defect in the small bridge.\nIndictment for not repairing a bridge. \u2014 A special verdict was returned, in substance as follows:\nThe Defendants are the proprietors of a toll-bridge, called Clarendon Bridge, erected on the river Cape-Fear, at Fayetteville, by an act of the Legislature passed in 1818. On the river south of the bridge, there is a ferry, called Lord\u2019s ferry, at which the public road from Wilmington, meets the public road from Raleigh : between these roads, runs a creek, called Lord\u2019s Creek, which empties into the river at the ferry, and to pass from the Wilmington to the Raleigh road, above the point of junction at the terry, it is necessary to cross Lord\u2019s Creek. The Defendants, by permission' of tiie proprietors of the soil, have opened a private road, from the Wilmington road to Lord\u2019s Creek; and also a private road, from the foot of Clarendon bridge to the Raleigh road; and have placed a bridge over Lord\u2019s Creek, so as to open a communication between the Wilmington and Raleigh roads above the ferry ; and at the point, at which the private road leaves the Wilmington road, they have erected a sign-hoard with the inscription, \u201c the best way to Fayetteville.\u201d The road leading from Wilmington, across to the Raleigh road is much used, and those who come from Wilmington, must travel this road and cross Lord\u2019s Creek, if they enter Fayetteville by means of Clarendon Bridge.\nThe bridge erected by the defendants over the creek, was out of repair when the bill was found.' \u2014 Yerdictfor defendant, State appealed."
  },
  "file_name": "0193-01",
  "first_page_order": 195,
  "last_page_order": 196
}