Bottoms v. Railroad
Supreme Court of North Carolina
ActioN by J. D. Bottoms against the Seaboard Air Line Railroad Company, heard by Judge C. M. Cooke and a jury, at November Term, 1903, of the Superior Court of NORTHAMPTON County. From a judgment for the plaintiff the defendant appealed.
1Opinion of the Court
ClaeK, C. <7.
In this action for damages for destruction of the plaintiff’s store alleged to have been set on fire by sparks from the defendant’s engine, the Court charged the jury that it was “the duty of railroad companies to equip their' engines with the best approved devices and appliances for arresting sparks,” * * * and that failure to do so was negligence, making the defendant liable for damages if the jury should find that the plaintiff’s house was set on fire by sparks from the defendant’s engine. The defendant excepted.
There is error. In Witsell v. Railroad, 120 N. C., 557, this…
2Cases cited5 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Lloyd v. P. H. Hanes & Co.Supreme Court of North Carolina · 1900
- Dorsett v. Clement-Ross Manufacturing Co.Supreme Court of North Carolina · 1902
- Troxler v. Southern Railway Co.Supreme Court of North Carolina · 1899
- Greenlee v. Southern Railway Co.Supreme Court of North Carolina · 1898
3Cited by9 opinions
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Witsell v. . R. R.Supreme Court of North Carolina · 1897
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Horne v. . Power Co.Supreme Court of North Carolina · 1906
- Troxler v. . R. R.Supreme Court of North Carolina · 1899
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