Aman v. Rowland Lumber Co.
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at August Term, 1912, of SAMPSON. Tbis action was brought to recover damages for tbe burning of plaintiff’s timber, alleged to bave been caused by defendant’s negligence in permitting sparks to escape from its engine. Defendant was engaged in operating a steam logging skidder for tbe purpose of removing saw-logs from its woods, to be carried over its tramroad to tbe mill.
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Appeal by defendant from Garter, J., at August Term, 1912, of SAMPSON. Tbis action was brought to recover damages for tbe burning of plaintiff’s timber, alleged to bave been caused by defendant’s negligence in permitting sparks to escape from its engine. Defendant was engaged in operating a steam logging skidder for tbe purpose of removing saw-logs from its woods, to be carried over its tramroad to tbe mill. In order to operate tbe skidder, defendant bad. cleared a space adjoining it, and known as a log-deck, by removing tbe trees and some of tbe undergrowth and piling them 30 or 40 feet away…
1Opinion of the Court
"Walker, J.,
after stating tbe case: Tbe defendant asked for a judgment of nonsuit, and its refusal presents tbe main question in tbe case. Tbe familiar rule is tbat tbe .evidence, upon sucb a motion, should be considered in its most favorable light for the plaintiff, and every fact which it proves or tends to prove should be taken as established. "With this guide before us, we are led unhesitatingly to tbe conclusion tbat tbe ruling of tbe court was correct. It is true, tbe fire did not originate within tbe log-deck, but on its edge, where tbe defendant bad caused very inflammable material to…
2Cases cited16 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- State v. Exum.Supreme Court of North Carolina · 1905
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
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3Cited by22 opinions
- Hodges v. WilsonSupreme Court of North Carolina · 1914
- In Re Will of SmithSupreme Court of North Carolina · 1913
- Bailey v. . HassellSupreme Court of North Carolina · 1922
- Hodges v. . WilsonSupreme Court of North Carolina · 1914
- Weis-Patterson Lumber Co. v. KingSupreme Court of Florida · 1937
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