Boney v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Stacy, J., at August Term, 1917, of DupliN. ' Civil action for “damages to real and personal property situate upon lands in the town of Wallace, N. 0., claimed to be owned by D. E. Boney, subject to the rights of his wife and coplaintiif, who owned a remainder in the land after the homestead of D. E. Boney, plaintiff claiming that said property was'destroyed by defendant by emitting sparks from one of its locomotives, and tried before his Honor W. P.…
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Appeal by defendant from Stacy, J., at August Term, 1917, of DupliN. ' Civil action for “damages to real and personal property situate upon lands in the town of Wallace, N. 0., claimed to be owned by D. E. Boney, subject to the rights of his wife and coplaintiif, who owned a remainder in the land after the homestead of D. E. Boney, plaintiff claiming that said property was'destroyed by defendant by emitting sparks from one of its locomotives, and tried before his Honor W. P. Stacy, Judge, at August Term, 1917, of the Superior Court of Duplin County; that the property destroyed, situate on the…
1Opinion of the CourtHoKE, J.
It has been uniformly held with us that, in considering a motion to nonsuit, the evidence in support of plaintiff’s claim must be accepted as true and construed in the light 'most favorable to him. Edge v. R. R., 153 N. C., 212-220; Cotton v. R. R., 149 N. C., 227; Biles v. R. R., 139 N. C., 528; Hopkins v. R. R., 131 N. C., 464. And it is also fully established that when it is shown that the fire which destroyed complainant’s property originated hy sparks from defendant’s locomotive, or there is proof offered which makes this the more reasonable probability, a prima facie case is made out…
2Cases cited13 opinions
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Biles v. RailroadSupreme Court of North Carolina · 1905
- Moore v. . R. R.Supreme Court of North Carolina · 1917
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bradley v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
- Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918
- Kearney v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1919
- Dickerson v. . R. R.Supreme Court of North Carolina · 1925
- Dickerson v. Norfolk Southern RailroadSupreme Court of North Carolina · 1925
1 more not listed; retrieve them via the Exa API.