McKay v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiffs from Peebles, J., at April Term, 1912, of CuMBERLAND. Civil action. The plaintiff alleged that tbe defendant was a corporation doing and carrying on the business of a railroad and a common carrier, and that on 30 March, 1910, it ran its locomotive on its right of way and negligently permitted coals and sparks of fire to be emitted from its locomotive, and that said sparks and fire ignited combustible matter which it had allowed to accumulate on its right…
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Appeal by plaintiffs from Peebles, J., at April Term, 1912, of CuMBERLAND. Civil action. The plaintiff alleged that tbe defendant was a corporation doing and carrying on the business of a railroad and a common carrier, and that on 30 March, 1910, it ran its locomotive on its right of way and negligently permitted coals and sparks of fire to be emitted from its locomotive, and that said sparks and fire ignited combustible matter which it had allowed to accumulate on its right 'of way, and, that the fire communicated to the lands and premises of one Kate Howell, who, while prudently and…
1Opinion of the Court
Hoke, J.,
after stating the case: There was evidence tending to show that intestate lived alone in a cabin on a wooded tract of land in which there was a small clearing or two, and that on 20 March, 1910, said to be Wednesday, a fire, originating on defendant’s right of way, and negligently started from one of the company’s trains, burned over the intervening lands towards the intestate’s property and partly over her own land. That it proved to be an extensive fire, and several of the neighbors at different places were engaged in trying to extinguish it. One of them heard the intestate cry out…
2Cases cited4 opinions
- Norris v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Pegram v. RailroadSupreme Court of North Carolina · 1905
- Williams v. . SloteNew York Court of Appeals · 1877
- Burnett v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1903
3Cited by9 opinions
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Norris v. . R. R.Supreme Court of North Carolina · 1910
- Hinton v. Southern Railway Co.Supreme Court of North Carolina · 1916
- Henshaw v. BelyeaCalifornia Supreme Court · 1934
- Moore v. Beard-Laney, Inc.Supreme Court of North Carolina · 1965
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