{
  "id": 8691128,
  "name": "GEORGE ACHENBACH v. THOMAS P. JOHNSTON",
  "name_abbreviation": "Achenbach v. Johnston",
  "decision_date": "1881-01",
  "docket_number": "",
  "first_page": "264",
  "last_page": "265",
  "citations": [
    {
      "type": "official",
      "cite": "84 N.C. 264"
    }
  ],
  "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": "5 Jones, 3",
      "category": "reporters:state",
      "reporter": "Jones",
      "case_ids": [
        11276066
      ],
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      "case_paths": [
        "/nc/50/0003-01"
      ]
    },
    {
      "cite": "5 Jones, 3",
      "category": "reporters:state",
      "reporter": "Jones",
      "case_ids": [
        11276066
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/50/0003-01"
      ]
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  "last_updated": "2023-07-14T15:59:35.813846+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "GEORGE ACHENBACH v. THOMAS P. JOHNSTON."
    ],
    "opinions": [
      {
        "text": "Ruffes, J.\nThe question presented in this ease is\u00bb whether \u201ca field grown up in broom sedge and wire grass,, surrounded by an old fence and used as a pasture,\u201d can be construed to be \u201cwoods\u201d' within, the meaning of the statute-. Bat. Rev. ch. 13, \u00a7 1. His Honor below held that it c\u00a9.uld not, and we concur in his opinion. '\nThe case of Hall v. Crawford, 5 Jones, 3, in which it was held tha-t \u201can old field which had been turned out without any fence around it cmd whieh had grown up- in broom sedge and pine bushes, some of which were %oaist-liigh and others- head-high,\u201d' did come within its meaning, stretched, the doctrine of being liberal in construing statutes in order to- reach the mischief intended to be remedied, as far as it is safe to follow. We therefore hold that in the ruling of the superior court there was no error.\nNo error. Affirmed.",
        "type": "majority",
        "author": "Ruffes, J."
      }
    ],
    "attorneys": [
      "Mr. J. M. McOorkU, for plaintiff",
      "No counsel for defendant."
    ],
    "corrections": "",
    "head_matter": "GEORGE ACHENBACH v. THOMAS P. JOHNSTON.\nField \u2014 Murninff Woods \u2014 Penalty.\nA field grown up-in broom-sedge and- wire-grass, surrounded\" by an old fence and used as a pasture, is not \u201cwoods within the meaning of the statute, Bat. Rev. ch. 13, \u00a7 1^ and the owner burning off the sam\u00e9-is not liable to the penalty imposed by the act for an alleged injury to-an adjoining proprietor.\n{Hall v. Orawford, 5 Jones, 3; cited, distinguished and approved.)\nCivil Action tried at August Special Term,. 1880, of Rowan Superior Court, before McKoy, J.\nThe action was brought to recover damages for an injury alleged to- have been caused by the defendant in- burning-off the broom sedge on his land when there was -a strong wind blowing towards the land of plaintiff, which by the alleged negligence of defendant caused the fire to be communicated to plaintiff\u2019s fence, destroying a part of the same. The defendant denied the allegation of negligence, and among other things averred that he and five other persons used every effort to- prevent the fire from spreading so as to injure the plaintiff.\nThe evidence tended to show that the defendant\u2019s land (burned off) consisted of a field grown up in broom sedge and wire grass, surrounded by an old fence and used as pasture land. There was no evidence that defendant notified plaintiff of bis intention to barn, off'the fields but there was evidence showing that after the fire reached plaintiff\u2019s land, the defendant used great diligence in trying to prevent its spreading and injuring plaintiff s fences.\nThe plaintiff\u2019s counsel asked the court to charge the jury that the policy of the law (Bat. Rev. ch. 13) forbids any one from setting fire to his woods unless two day\u2019s written notice is first given to all persons owning adjoining land,, which the court gave, but added that there was no, evidence that the defendant had set fire to his woods, to which the plaintiff excepted. The jury found the issues in favor of defendant,, judgment,, appeal by plaintiff.\nMr. J. M. McOorkU, for plaintiff\nNo counsel for defendant."
  },
  "file_name": "0264-01",
  "first_page_order": 280,
  "last_page_order": 281
}