McCoy v. Railroad.
Supreme Court of North Carolina
AotioN by L. 0. McCoy and wife against Carolina Central Railroad, beard by Judge 0. U. Allen and a jury, at tbe Marcb Term, 1906, of tbe Superior Court of BeuNswice. Tbe plaintiff sued to recover damages alleged to have been sustained by reason of tbe defendant’s negligence in keeping a foul rigbt-of-way to wbicb it was charged tbat fire was communicated from defendant’s engine and thence to plaintiff’s land.
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AotioN by L. 0. McCoy and wife against Carolina Central Railroad, beard by Judge 0. U. Allen and a jury, at tbe Marcb Term, 1906, of tbe Superior Court of BeuNswice. Tbe plaintiff sued to recover damages alleged to have been sustained by reason of tbe defendant’s negligence in keeping a foul rigbt-of-way to wbicb it was charged tbat fire was communicated from defendant’s engine and thence to plaintiff’s land. Tbe following issues were submitted: “1. Is tbe plaintiff tbe owner of tbe lands mentioned and referred to in tbe complaint ? A.: Yes. “2. Was tbe plaintiff damaged by tbe negligence of…
1Opinion of the CourtBeowN, J.
Tbe only allegation of negligence set out in tbe complaint is as follows: “Tbat on said date tbe said defendant carelessly and negligently allowed its rigbt-of-way to become foul with dry grass and other inflammable matter, wbicb was fired by sparks from a passing engine, tbe fire immediately reaching plaintiff’s land, burning over said land, destroying and burning up quantities of timber, pine-straw and other products of value, to plaintiff’s damage $800.”
It is to be observed tbat no negligence is alleged other than such as relates to tbe condition of tbe rigbt-of-way. Tbe controversy is…
2Cases cited2 opinions
- Conley v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
- Moss v. North Carolina RailroadSupreme Court of North Carolina · 1898
3Cited by10 opinions
- Whichard v. LipeSupreme Court of North Carolina · 1942
- Whichard v. . LipeSupreme Court of North Carolina · 1942
- Jackson Ex Rel. Jackson v. McBrideSupreme Court of North Carolina · 1967
- Lyda v. Town of MarionSupreme Court of North Carolina · 1954
- Maguire v. S. A. L. RailroadSupreme Court of North Carolina · 1911
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