Jeffress v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal from Whedbee, J., at December Term, 1911, of Pitt. This is an action for tbe recovery of damages in tbe sum of $4,315.95, for tbe alleged negligent burning by tbe defendant of plaintiffs prize-bouse, or tobacco stemmery, in Greenville, N. C., on 31 January, 1910. Tbe fire is alleged to bave been caused by sparks from one of tbe defendant’s engines while being operated on Pitt Street. Tbe defendants deny liability.
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Appeal from Whedbee, J., at December Term, 1911, of Pitt. This is an action for tbe recovery of damages in tbe sum of $4,315.95, for tbe alleged negligent burning by tbe defendant of plaintiffs prize-bouse, or tobacco stemmery, in Greenville, N. C., on 31 January, 1910. Tbe fire is alleged to bave been caused by sparks from one of tbe defendant’s engines while being operated on Pitt Street. Tbe defendants deny liability. It was admitted, for tbe purposes of tbe trial, that tbe Norfolk Southern Railroad was liable to tbe plaintiff if tbe Norfolk and Southern Railroad Company and its receivers…
1Opinion of the CourtAlleN, J.
Tbe exceptions appearing in tbe record present for our consideration tbe following contentions made by tbe defendant:(1) Tbat tbe plaintiff was negligent in permitting combustible matter to remain on bis lot near tbe track of tbe defendant, and tbat this was tbe proximate cause of tbe injury to bis property. •(2) Tbat if, ordinarily, it would not be negligence in tbe plaintiff to permit combustible matter to remain on bis lot, a higher duty should be imposed on him in this case, because be bad recovered judgment against tbe defendant in another action on account of hazard to this property by…
2Cases cited4 opinions
- Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1878
- Wyatt v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1911
- Arthur v. . HenrySupreme Court of North Carolina · 1911
- Williams v. Elm City Lumber Co.Supreme Court of North Carolina · 1911
3Cited by33 opinions
- State v. . SteeleSupreme Court of North Carolina · 1925
- S. v. . VannSupreme Court of North Carolina · 1913
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Danville Lumber & Manufacturing Co. v. Gallivan Building Co.Supreme Court of North Carolina · 1919
- State v. . MerrickSupreme Court of North Carolina · 1916
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