Ellis v. Portsmouth & Roanoke Rail Road
Supreme Court of North Carolina
This was an appeal from the judgment of the Superior Court of Law of Northampton County, at Fall Term, 1841, his Honor Judge Dick presiding. It was an action on the case to recover damages’ for burning five hundred pannels of fence, the property of the plaintiff.
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This was an appeal from the judgment of the Superior Court of Law of Northampton County, at Fall Term, 1841, his Honor Judge Dick presiding. It was an action on the case to recover damages’ for burning five hundred pannels of fence, the property of the plaintiff. The plaintiff proved that he had a line of fence running parallel with the rail road track, belonging to the defendants, at the distance of fifty feet, in the County of Northampton — that on a certain day in the Spring of 1839, immediately after the passage of one of the locomotives, belonging to the defendants, the fence was…
1Opinion of the Court
Gaston, J,
It is no doubt a principle of law, as it is of morals, that one should so use his own as not to injure his neighbor, and this rule requires, that even in the legitimate enjoyment of property, such care shall.be used as not to render it likely to impair their enjoyment of property by others. But no man, unless he has engaged to become insurer, or the very nature of his undertaking makes him an. insurer, against unavoidable accidents, is responsible for damage sustained against his will and without his fault. We think, therefore, that the instruction asked for by the ¡counsel for the…
2Cited by38 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Ross v. Cotton Mills.Supreme Court of North Carolina · 1905
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
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