Fulcher v. Smith

Supreme Court of North Carolina

Decided February 25, 1959

Supreme Court of North Carolina · decided 1959-02-25

Cited by 2 later decisions — most recently April 1964

2 state decisions

Relies on Causey v. . Morris · Harris Clay Co. v. Carolina China Clay Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1959-02-25

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PeR CüRiam.

¶1The cause o-f action stated is for an assault. The lease and plaintiff’s occupancy pursuant thereto merely -afforded an opportunity for an -assault. The forced abandonment of plaintiff’s property to escape defendant’s advances is but an element -of -damages. The action is -transitory, not local. Clay Co. v. Clay Co., 203 N.C. 12, *646164 S.E. 341; Causey v. Morris, 195 N.C. 532, 142 S.E. 783.

¶2Affirmed.

MooRE, J., took no pant in -the consideration or decision of this case.