Brady v. Waccamaw Lumber Co.
Supreme Court of North Carolina
ActioN, tried before Devin, J., and a jury, at August Term, 1917, of Beunswioe:. Plaintiff sued for damages from burning timber on bis land, wbicb be alleged was caused by defendant’s negligence. Tbe fire was set out from one of tbe defendant’s engines, wbicb it is alleged, was defectively constructed, so tbat it emitted sparks from its smoke-stack, it not having a proper spark-arrester.
Read the full summary
ActioN, tried before Devin, J., and a jury, at August Term, 1917, of Beunswioe:. Plaintiff sued for damages from burning timber on bis land, wbicb be alleged was caused by defendant’s negligence. Tbe fire was set out from one of tbe defendant’s engines, wbicb it is alleged, was defectively constructed, so tbat it emitted sparks from its smoke-stack, it not having a proper spark-arrester. Tbe jury returned tbe following verdict: 1. Is tbe plaintiff tbe owner of tbe lands described in tbe complaint as tbe borne tract, and of tbat portion of tbe Gum Branch tract alleged to have been burned over?…
1Opinion of the Court
Pee Cubiam :
Tbe case states and there was proof:
1. Tbat plaintiff is tbe owner of tbe land on wbicb tbe timber was' standing and growing.
2. Tbat tbe defendant negligently started tbe fire.
3. Tbat tbe amount of damages is $500.
There was testimony to tbe effect tbat tbe defendant’s engine was defective, and its right of way was foul. Tbe fire caught on tbe right of way, and was communicated over tbe intervening land to plaintiff’s timber on an adjoining tract. Tbe defendant contends tbat there was an extraordinary wind blowing at tbe time, and this caused tbe fire to spread and destroy tbe…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
- Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
- Raiford v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1902
- Ferebee v. Norfolk Southern RailroadSupreme Court of North Carolina · 1913
3Cited by1 opinion
- State v. Boston & Maine RailroadSupreme Court of New Hampshire · 1954