Bertie Cotton Oil Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Calvert, J., at August Term, 1921, of Beetle. Civil action to recover damages for tbe negligent burning of plaintiff’s s.eed-bouse and contents. Certain insurance companies, wbo claimed to be subrogated to tbe rights of tbe insured, were made coplaintiffs. Tbe jury found tbat tbe property of tbe Bertie Cotton Oil Company bad been burned by ’ tbe negligence of tbe defendant, and assessed damages.
1Opinion of the CourtAdams, J.
Tbe defendant excepted to tbe following paragraph in bis Honor’s instructions to tbe jury: “As to tbe burden of proof on tbe first question, as to bow tbe fire started, tbe burden is on tbe plaintiff to satisfy tbe jury from tbe evidence, and by its greater weight, tbat tbe property was set on fire by live sparks from tbe locomotive; if tbe jury should not so find, then you will answer tbe first issue ‘No’; but if you do so find tbat, if tbe property was set on fire by live sparks from tbe locomotive, then tbe burden of proof shifts to tbe defendant to satisfy you by tbe evidence, and by its…
2Cases cited5 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Overcash v. Charlotte Electric Railway Light & Power Co.Supreme Court of North Carolina · 1907
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1902
3Cited by14 opinions
- Star Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- McDaniel v. Atlantic Coast Line RailwaySupreme Court of North Carolina · 1925
- First National Bank of Columbus v. RochamoraSupreme Court of North Carolina · 1927
- Lawrence v. . Power Co.Supreme Court of North Carolina · 1925
- Stein v. . LevinsSupreme Court of North Carolina · 1933
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