Black v. Aberdeen & West End Railroad
Supreme Court of North Carolina
Civil actiost, tried before Brown, J, at August Term, 1894, Moore Superior Court, being an appeal from Justice of the Peace. The plaintiff brought action to recover the value of certain turpentine alleged to have been destroyed by fire communicated by defendant’s engine, April 1,1893. The defendant denied the allegations that it had been guilty of any negligence. The plaintiff admitted that the engine of defendant was in good condition and had a proper spark arrester.
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Civil actiost, tried before Brown, J, at August Term, 1894, Moore Superior Court, being an appeal from Justice of the Peace. The plaintiff brought action to recover the value of certain turpentine alleged to have been destroyed by fire communicated by defendant’s engine, April 1,1893. The defendant denied the allegations that it had been guilty of any negligence. The plaintiff admitted that the engine of defendant was in good condition and had a proper spark arrester. The only claim of negligence alleged by plaintiff was that the defendant’s roadbed and right-of way are foul with rubbish and…
1Opinion of the Court
The control which railroad companies have over the land covered by their rights of way is given to them that they may properly perform theirquasi-public duties. They have the authority to keep the land thus subjected to their use in such condition that their use of it will not endanger the property of others. Having this authority, they must exercise it, or else pay for such damage as comes to one who, himself being free from fault, suffers injury from a neglect to keep it in the required condition.
We think the charge of his Honor very properly presented the matter to the jury. The concluding…
2Cited by16 opinions
- Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
- Watt v. Nev. Cen. R. R. Co.Nevada Supreme Court · 1896
- Shields v. Norfolk & Carolina RailroadSupreme Court of North Carolina · 1901
- Hardy v. . Lumber Co.Supreme Court of North Carolina · 1912
- Hardy v. Hines Bros. LumberSupreme Court of North Carolina · 1912
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