McBee v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Lyon, J., at October Term, 1915, of VaNoe. Civil action to recover damages for negligently burning plaintiff’s woods. There was a verdict and judgment for plaintiff. Defendant appealed.
1Opinion of the CourtBbowN, J.
Plaintiff sues to recover for damages by fire alleged to have been caused by the negligence of the defendant in permitting its right of way to become foul with combustible material and in so negligently operating its engine as to set fire to the foul right of way, and in negligently permitting the fire to be communicated to the plaintiff’s land. It is alleged that the fire occurred on or about 6 November, 1912. The defendant denied all of the allegations of the complaint.
Taking all the evidence in its most favorable aspect for plaintiff, there was no sufficient evidence to go to the jury. The…
2Cases cited9 opinions
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
- Aman v. Rowland Lumber Co.Supreme Court of North Carolina · 1912
- Hardy v. . Lumber Co.Supreme Court of North Carolina · 1912
- Black v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hardy v. . Lumber Co.Supreme Court of North Carolina · 1912
- Aman v. . Lumber Co.Supreme Court of North Carolina · 1912
- Bowers v. . R. R.Supreme Court of North Carolina · 1907
- Wilson v. Tilghman Lumber Co.Supreme Court of North Carolina · 1927
- Denny v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1920
1 more not listed; retrieve them via the Exa API.