Meares v. Wynnewood Lumber Co.
Supreme Court of North Carolina
Civil aotioN tried before Daniels, J., and a jury, at April Term, 1916, of BladeN. ■ Plaintiff alleged that defendant, which operated a tramroad on its premises in 1914, on which was run an engine and log trucks, had negligently permitted sparks or live coals to escape from the engine, so that the stubble and other combustible material lying by the side of the railroad track caught fire, which spread and burned a large part of his timber near by.
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Civil aotioN tried before Daniels, J., and a jury, at April Term, 1916, of BladeN. ■ Plaintiff alleged that defendant, which operated a tramroad on its premises in 1914, on which was run an engine and log trucks, had negligently permitted sparks or live coals to escape from the engine, so that the stubble and other combustible material lying by the side of the railroad track caught fire, which spread and burned a large part of his timber near by. Defendant denied the allegations and insisted that there was no evidence of negligence. It will be necessary, therefore, to state some of the…
1Opinion of the Court
Walker, J.,
after stating the case: There was ample evidence in this case to the effect that the defendant’s engine was improperly or defectively constructed with reference to its smokestack and fire box; that it was carelessly operated, and, lastly, that its right of way was very foul, being rank with combustible material; and also evidence that fire was set out by the engine which proximately caused the destruction and loss of plaintiff’s timber. It is not necessary that the origin of the fire should be established by positive or direct testimony; that, for instance, of an eye-witness, who…
2Cases cited14 opinions
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Richmond & Danville Railroad v. MedleySupreme Court of Virginia · 1881
- Knott v. RailroadSupreme Court of North Carolina · 1906
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3Cited by4 opinions
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Nowell v. . BasnightSupreme Court of North Carolina · 1923
- Williams v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
- Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918