Legal Opinion

Marlowe v. Bland

Supreme Court of North Carolina

Decided December 20, 1910PublishedCited by 28 opinions

Appeal from Webb, J., at February Term, 1910, of Euthee-eobd. Civil action to recover damages for negligently allowing fire to get out in a neighbor’s woods and thereby causing damage, etc.

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Appeal from Webb, J., at February Term, 1910, of Euthee-eobd. Civil action to recover damages for negligently allowing fire to get out in a neighbor’s woods and thereby causing damage, etc. There was evidence tending to show that defendant had a hired man, named Major Melton, and, on 22 March, 1907, he directed Melton to cut and pile some cornstalks in a 4-acre field on defendant’s place, and after giving these directions went off with a load of lumber; that Melton went at the work he was given to do; cut and piled the stalks, as directed, and then proceeded to set fire to them; that there…

1Opinion of the Court

Hoke, J.,

after stating tbe ease:' We are of opinion that, on tbe facts of tbis case, tbe judgment of nonsuit should be affirmed. In Sawyer v. R. R., 142 N. C., 1, that being an action for slander by reason of certain defamatory words uttered by tbe superintendent of tbe road, in conversation witb an applicant for employment, after be bad told sucb applicant that tbe company did not wisb to employ bim, it was held,- generally, in reference to tbe maxim respondeat superior:

“2. Where tbe question of fixing responsibility on corporations by reason of tbe tortious acts of their servants depends…

2Cases cited4 opinions

  1. Daniel v. RailroadSupreme Court of North Carolina · 1904
  2. Sawyer v. RailroadSupreme Court of North Carolina · 1906
  3. Roberts v. RailroadSupreme Court of North Carolina · 1906
  4. Hunter v. Southern Railway Co.Supreme Court of North Carolina · 1910

3Cited by28 opinions

  1. Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
  2. Snow v. . DebuttsSupreme Court of North Carolina · 1937
  3. Kelly v. Newark Shoe Stores Co.Supreme Court of North Carolina · 1925
  4. Grier v. . GrierSupreme Court of North Carolina · 1926
  5. Snow v. DeButtsSupreme Court of North Carolina · 1937

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