{
  "id": 8631740,
  "name": "TRI-STATE TRANSPORTATION COMPANY v. STEARNS BROS., Inc., GLOBE INDEMNITY CO., and IREDELL COUNTY",
  "name_abbreviation": "Tri-State Transportation Co. v. Stearns Bros.",
  "decision_date": "1928-06-06",
  "docket_number": "",
  "first_page": "720",
  "last_page": "721",
  "citations": [
    {
      "type": "official",
      "cite": "195 N.C. 720"
    }
  ],
  "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": [
    {
      "cite": "53 N. C., 82",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        1961064
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/53/0082-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 233,
    "char_count": 3782,
    "ocr_confidence": 0.482,
    "pagerank": {
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    "simhash": "1:0acbf6ae0c2de7da",
    "word_count": 625
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  "last_updated": "2023-07-14T20:22:12.241767+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "TRI-STATE TRANSPORTATION COMPANY v. STEARNS BROS., Inc., GLOBE INDEMNITY CO., and IREDELL COUNTY."
    ],
    "opinions": [
      {
        "text": "Stacy, C. J.\nIt was agreed that the report of the arbitrators should be the final judgment of the court and binding on all parties to the litigation. The arbitrators awarded the plaintiff a given sum with interest \u201ctogether with the costs of this action.\u201d That they thereby intended to include in their award as a part of the costs of the action, whatever allowances should be made to the arbitrators and the fees of the stenographer, is a fairly permissible deduction from the language used. Undoubtedly, the agreement to arbitrate is broad enough to cover such allowances and fees, and it was the intention of the parties that the award of the arbitrators should settle all matters involved. This, we think, the award does.\nThe ease of Griffin v. Hadley, 53 N. C., 82, strongly relied upon by the defendants, is distinguishable in that there the agreement to arbitrate was more restricted than here. Indeed, in the instant case, the award is to be \u201cthe final judgment of the court.\u201d This, it cannot be unless it fully determines the controversy. The parties, as well as the arbitrators, intended that it should operate as a complete settlement of \u201call the matters involved.\u201d\nLet the cause be remanded, to the end that judgment may be entered to this effect.\nError.",
        "type": "majority",
        "author": "Stacy, C. J."
      }
    ],
    "attorneys": [
      "Self & Bagby for plaintiff.",
      "H. P. Grier for defendants."
    ],
    "corrections": "",
    "head_matter": "TRI-STATE TRANSPORTATION COMPANY v. STEARNS BROS., Inc., GLOBE INDEMNITY CO., and IREDELL COUNTY.\n(Filed 6 June, 1928.)\nArbitration and Award \u2014 Award, After Agreement of Submission, Final as to Costs and Expenses.\nWhere an action upon a money demand has been referred to arbitrators under agreement that their report be final and binding, and the final judgment of court, the award to the plaintiff of a certain amount and interest, together with the costs of the action, excludes any discretion of the trial judge in taxing the plaintiff with fees for the services of the arbitrators and stenographer.\nAppeal by plaintiff from Finley, J., at November Term, 1927, of Iredell.\nCivil action to recover balance alleged to be due for labor, performed in and about the construction of a hard-surfaced highway in Iredell County, known as project No. 641.\nBy agreement of the parties, duly entered of record with the court\u2019s approval at the November Term, 1926, \u201call the matters involved\u201d were referred to a board of arbitration, consisting of three members, of which Hon. Stahle Linn, of Salisbury, N. C., was designated as chairman. This agreement contains the following stipulation:\n\u201cIt is agreed, that the report of this board of arbitrators so selected as above provided shall be final and become a rule of court without exception from either side, the award to be final and binding on all the parties to this litigation, and be the final judgment of the court.\u201d\nIn October, 1927, the arbitrators filed their report and awarded the plaintiff, Tri-State Transportation Company, \u201cthe sum of $3,338.17, which sum, together with the interest thereon from 24 November, 1924, the plaintiff is entitled to recover from the defendants, Stearns Brothers, Inc., and Globe Indemnity Company, together with the costs of this action.\u201d\nFrom a judgment upon the award, taxing the defendants with the . \u201cusual and ordinary costs of the action,\u201d but adjudging that the compensation fixed for the arbitrators and the stenographer\u2019s fees, \u201cbe paid one-half by the plaintiff, and one-half by the defendants,\u201d the plaintiff appeals, assigning errors, in that, the court refused to include allowances to the arbitrators and fees of the stenographer (amounts not in dispute) as parts of the costs to be taxed against the defendants, and divided the compensation made to the arbitrators and the fees allowed to the stenographer, adjudging that the plaintiff pay one-half of said sums.\nSelf & Bagby for plaintiff.\nH. P. Grier for defendants."
  },
  "file_name": "0720-01",
  "first_page_order": 792,
  "last_page_order": 793
}