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WHEATLEY v. PHILLIPS

Civ. No. 2139.

228 F.Supp. 439 (1964)

C. H. WHEATLEY, d/b/a Americus Engineering and Construction Company, and Stewart County, a political subdivision of the State of Georgia, Plaintiffs, v. William Ted PHILLIPS and Ted Jordan, d/b/a Phillips and Jordan, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

Decided April 13, 1964.

Attorney(s) appearing for the Case

T. D. Bryson, Jr., Bryson City, N. C., for plaintiffs.

Harry DuMont, Asheville, N. C., for defendants.

CRAVEN, Chief Judge:

This is a suit for monetary damages resulting from negligent failure to remove cut timber from a lake site in Georgia, the timber having washed into Lower Grass Creek and Rood Creek and damaged the sub-structures of certain bridges. Ownership of the realty is not disclosed by the pleadings and apparently is not an issue. Jurisdiction rests upon diversity of citizenship of the parties. The defendants have moved the court to dismiss the action...

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