Roberson v. . Morgan
Supreme Court of North Carolina
This was a civil action, tried before Robinson, J.. and a jury, at Fall Term, 1895, of Haywood County Superior Court. The action was brought by plaintiff under Sections 52 ■and 53 of The Oodeto recover damages against the defendant for wilfully and unlawfully setting fire to his (defendant’s) woods without giving notice to plaintiff, from which the fire spread and damaged plaintiff.
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This was a civil action, tried before Robinson, J.. and a jury, at Fall Term, 1895, of Haywood County Superior Court. The action was brought by plaintiff under Sections 52 ■and 53 of The Oodeto recover damages against the defendant for wilfully and unlawfully setting fire to his (defendant’s) woods without giving notice to plaintiff, from which the fire spread and damaged plaintiff. The complaint was as follows: “ 1st. That on or about the 27th *day of December, 1893, the defendant, without notice to the plaintiff, unlawfully and wilfully did set fire in and to the woods in Haywood county,…
1Opinion of the Court
Furches, J.:
This action seems to have been brought and tried under Sections 52 and 53 of The Code. It is admitted in the statement of the case ou appeal that plaintiff and defendant are not adjacent land owners. This being so, Sections 52 and 53 do not apply, and plaintiff’s action cannot be maintained under the statute.
But it was argued here that, if it cannot be maintained under the statute, it may be as at common-law. To this the defendant'objected that the complaint does not allege a common-law liability, in that it failed to allege negligence. And it is plain enough that the complaint…
2Cases cited3 opinions
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- Fulps v. . MockSupreme Court of North Carolina · 1891
- Smith v. Eastern Building & Loan Ass'nSupreme Court of North Carolina · 1895
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