Matthews v. James Lumber Co.
Supreme Court of North Carolina
Appeal by plaintiff, M. L. Matthews, from Daniels, J., at September Term, 1923, of Lee. Civil action to recover damages for an alleged negligent burning and injury to plaintiff’s lands and timber. From a verdict and judgment in-favor of defendant, the plaintiff appeals, assigning errors.
1Opinion of the CourtStacy, J.
It appears that at the time the plaintiff contracted to purchase the land in question, consisting of some 505 acres, more or less, the fire of which he complains was then out and had already burned over about ten acres of the sparsely timbered portion thereof, but the major part of the damages was sustained after the plaintiff became the equitable owner of the land. The trial court instructed the jury that the plaintiff could not recover unless he were at least the equitable owner of the land at the time the fire originated or when it was first put out by the negligent act of the defendant;…
2Cases cited2 opinions
- Wheeler v. Norfolk-Carolina Telegraph & Telephone Co.Supreme Court of North Carolina · 1916
- Mull v. Louisville & Nashville RailroadSupreme Court of North Carolina · 1918