That only is to be considered waste, which is substantially an injury to the inheritance: Therefore if the jury, in an action of waste, find insignificant damages, judgment shall be arrested.
HALL, J. (after taking till the last day of the term to consider of the authorities):
The authorities cited are strong to the point for which they were cited, nor do I conceive them unreasonable. Where waste of insignificant value is done scatteredly through a whole tract, the tenant must lost the place wasted; and this is too heavy a penalty where the damage is to the amount only of a small sum. That ought only to be considered waste which is substantially an injury to the inheritance.
Judgment arrested.
Cited: Shine v. Wilcox, 21 N.C. 632; King v. Miller, 99 N.C. 595; Sherrill v. Connor, 107 N.C. 633; Thomas v. Thomas, 166 N.C. 629.