{ "id": 8624717, "name": "W. L. COHOON v. STATE OF NORTH CAROLINA and STATE HIGHWAY COMMISSION", "name_abbreviation": "Cohoon v. State", "decision_date": "1931-09-16", "docket_number": "", "first_page": "312", "last_page": "315", "citations": [ { "type": "official", "cite": "201 N.C. 312" } ], "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": "199 N. C., 211", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8596834 ], "opinion_index": 0, "case_paths": [ "/nc/199/0211-01" ] }, { "cite": "195 N. C., 284", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628812 ], "opinion_index": 0, "case_paths": [ "/nc/195/0284-01" ] }, { "cite": "185 N. C., 12", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8655165 ], "opinion_index": 0, "case_paths": [ "/nc/185/0012-01" ] }, { "cite": "86 N. C., 49", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272736 ], "opinion_index": 0, "case_paths": [ "/nc/86/0049-01" ] }, { "cite": "191 N. C., 243", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628589 ], "opinion_index": 0, "case_paths": [ "/nc/191/0243-01" ] }, { "cite": "134 N. C., 270", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272925 ], "opinion_index": 0, "case_paths": [ "/nc/134/0270-01" ] }, { "cite": "93 N. C., 257", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11273258 ], "opinion_index": 0, "case_paths": [ "/nc/93/0257-01" ] }, { "cite": "82 N. C., 382", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8683047 ], "opinion_index": 0, "case_paths": [ "/nc/82/0382-01" ] }, { "cite": "64 N. C., 460", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8683005 ], "opinion_index": 0, "case_paths": [ "/nc/64/0460-01" ] }, { "cite": "64 N. C., 392", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8682831 ], "opinion_index": 0, "case_paths": [ "/nc/64/0392-01" ] }, { "cite": "92 N. C., 377", "category": "reporters:state", "reporter": "N.C.", "opinion_index": 0 }, { "cite": "68 N. C., 53", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2083766 ], "opinion_index": 0, "case_paths": [ "/nc/68/0053-01" ] }, { "cite": "57 N. C., 94", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2082952 ], "opinion_index": 0, "case_paths": [ "/nc/57/0094-01" ] }, { "cite": "102 N. C., 59", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8649089 ], "opinion_index": 0, "case_paths": [ "/nc/102/0059-01" ] } ], "analysis": { "cardinality": 448, "char_count": 7436, "ocr_confidence": 0.454, "pagerank": { "raw": 9.505882454708161e-08, "percentile": 0.52094658800571 }, "sha256": "48adb1c94cb64b72bf6c0ca6816dc965747fbd61c85842f930fa398fd6cb9a11", "simhash": "1:9f214a16445f8127", "word_count": 1292 }, "last_updated": "2023-07-14T22:25:15.863450+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "W. L. COHOON v. STATE OF NORTH CAROLINA and STATE HIGHWAY COMMISSION." ], "opinions": [ { "text": "Adams, J.\nAn objection tbat tbe court has no jurisdiction of tbe . subject-matter or tbat tbe complaint does not state a cause of action is not waived by tbe filing of an answer. O. S., 518; Knowles v. R. R., 102 N. C., 59. So, after answering, tbe defendants moved in limine to dismiss tbe proceeding on tbe ground tbat this Court has no original jurisdiction of tbe cause stated in tbe complaint. Tbe motion, we think, should be granted.\nTbe Supreme Court is given original jurisdiction to bear claims against tbe State, but its decisions are merely recommendatory; they must be reported to tbe next session of tbe General Assembly for its action; and no process in tbe nature of execution shall issue thereon. Constitution, Art. IY, sec. 9. The procedure thus authorized is prescribed by section 1410 of the Consolidated Statutes; but this procedure must not be construed as exceeding the power conferred upon the Supreme Court by the organic law.\nThe Constitution of 1868 precluded the trial of issues of fact before this Court (Art. IY, sec. 10); and by amendment in the Convention of 1875 it was provided that jurisdiction over \u201cissues of fact\u201d and \u201cquestions of fact\u201d should be the same as was exercised by the Court before the adoption of the Constitution of 1868. Art. IY, sec. 8. Before 1868 when a cause was removed from a court of equity to the Supreme Court questions of fact were heard as well as questions of law; and on appeal from a final decree in a court of equity causes were heard in the same way. Graham v. Skinner, 57 N. C., 94; Long v. Holt, 68 N. C., 53. Under the present Constitution, in suits which are purely equitable, this Court cannot review the evidence or the findings of fact where issues of fact are tried, because such \u201cissues\u201d are determined by a jury as in cases at law; but it is otherwise as to questions of fact. Coales v. Wilkes, 92 N. C., 377.\nThe constitutional provisions heretofore cited do not contemplate the trial in this Court of issues of fact, but only a decision of such questions of law, based upon \u201cour impression of the facts generally,\u201d as will make intelligible the decision of the law. Bledsoe v. State, 64 N. C., 392. Upon this principle it has been held that the recommenda-tory or original jurisdiction of the Court is confined to claims in which it is supposed that an opinion on an important question of law would be of aid to the General Assembly in determining the merits of a claim against the State. Reynolds v. State, 64 N. C., 460. This is true notwithstanding the broad provision of section 1410 that any person having any claim against the State may commence the proceeding by filing his complaint. Horne v. State, 82 N. C., 382.\nIt is for these reasons that the Supreme Court, as a rule, will consider only such claims as present serious questions of law and will not take the burden of passing upon \u201cany and all claims that a party may prefer,\u201d especially those which involve mainly issues or questions of fact, although in proper cases the Court may order that issues of fact be tried in the Superior Court, as provided in section 1410. Reeves v. State, 93 N. C., 257; Miller v. State, 134 N. C., 270; Dredging Co. v. State, 191 N. C., 243.\nIn Bain v. State, 86 N. C., 49, Justice Ruffin stated in the following-words the ground upon which the original jurisdiction of the Court is exercised: \u201cThe original jurisdiction, the exercise of which the plaintiffs invoke, was conferred upon this Court for the benefit only of such plaintiffs, and to be used only in sucb cases, as could not otherwise obtain a footing in the courts, by reason of the State\u2019s being the party against whom the claims were to be asserted. If, by the ordinary process of the law issuing from a Court of ordinarily competent jurisdiction, a plaintiff can constitute his case regularly in court, as against a defendant interested in the subject-matter of the action, and under a judgment against whom complete relief can be had, then the case falls neither within the spirit of the Constitution nor the mischief which it was intended to remedy.\u201d\nThe pleadings in the case before us raise the single issue whether the defendants negligently damaged the plaintiff\u2019s land; and the defendants say that, if they did, this was a taking of the land for a public purpose, the damage for which should be sought in another forum. Dayton v. Asheville, 185 N. C., 12; Sandlin v. Wilmington, ibid., 257. We only advert to this position. In any view, the issue joined is one of fact, and in these circumstances the proceeding in this Court for the enforcement of the plaintiff\u2019s claim cannot be maintained. It raises no serious or important question of law, the decision of which would aid the General Assembly upon the controversy which the plaintiff intended to present. Lacy v. State, 195 N. C., 284; Warren v. State, 199 N. C., 211.\nProceeding dismissed.", "type": "majority", "author": "Adams, J." } ], "attorneys": [ "W. W. Gohoon and M. B. Simpson for- plaintiff.", "Charles Boss for defendants." ], "corrections": "", "head_matter": "W. L. COHOON v. STATE OF NORTH CAROLINA and STATE HIGHWAY COMMISSION.\n(Filed 16 September, 1931.)\nStates E lb \u2014 Where complaint presents issue of fact and no important question of law Supreme Court will not exercise recommendatory jurisdiction.\nThe original recommendatory jurisdiction of the Supreme Court to hear claims against the State is confined to the powers given by Art. IY, sec. 9, of our Constitution, and is not enlarged by the rules of procedure prescribed by C. S., 1410, to include any claim which may be presented for consideration, and where the complaint presents only an issue of fact and raises no important question of law the proceeding will be dismissed.\nThis is a proceeding invoking tbe original jurisdiction of tbe Supreme Court to bear an alleged claim against tbe State.\nOn 30 May, 1931, tbe plaintiff filed witb tbe clerk of tbe Supreme Court a verified complaint, alleging tbat be is tbe owner of a tract of land in Pasquotank County known as Blackacre Farm; tbat tbe State Highway Commission is an agency of tbe State, exercising powers conferred by tbe General Assembly, including tbe power of constructing and maintaining public highways connecting county seats and principal towns; tbat in building Highway No. 34 through tbe plaintiff\u2019s land tbe Highway Commission constructed a roadbed three or four feet above tbe mean level of tbe land and dug a canal parallel witb tbe road; tbat tbe road extends about four miles through Dismal Swamp, which is a water-shed draining to tbe south and southeast and forming tbe source of tbe Perquimans River on tbe south side of tbe road; tbat tbe Highway Commission negligently constructed tbe roadbed and provided no culverts or other means for tbe natural flow of tbe water, thereby concentrating great volumes of water and causing tbe overflow of tbe plaintiff\u2019s property, in consequence of which bis crops have been destroyed and bis land has been damaged. Tbe plaintiff estimated bis loss at $8,500 and prays tbat a recommendatory decision be rendered and reported to tbe next session of tbe General Assembly for its action.\nTbe defendants filed an answer admitting all paragraphs of tbe complaint except tbe fifth, in which tbe alleged negligence of tbe defendants is set forth. They allege by way of defense that if tbe construction of tbe highway damaged tbe plaintiff\u2019s land, this to tbe extent of tbe damage was a \u201ctaking\u201d of tbe land, for which an adequate remedy is provided by law.\nW. W. Gohoon and M. B. Simpson for- plaintiff.\nCharles Boss for defendants." }, "file_name": "0312-01", "first_page_order": 386, "last_page_order": 389 }