Currie v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal from 0. H. Allen, J., at February Term, 1911, of Moore. Tbis is an. action to recover damages for tbe destruction by fire of the lumber plant of the plaintiff, on Sunday, 29 May, 1910. At tbe conclusion of tbe evidence the defendant moved for judgment of nonsuit, which was denied, and the defendant excepted.
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Appeal from 0. H. Allen, J., at February Term, 1911, of Moore. Tbis is an. action to recover damages for tbe destruction by fire of the lumber plant of the plaintiff, on Sunday, 29 May, 1910. At tbe conclusion of tbe evidence the defendant moved for judgment of nonsuit, which was denied, and the defendant excepted. The defendant requested the court to give the following instructions, which were refused, and the defendant excepted: “That although from the evidence introduced by the plaintiff, which raises the presumption of negligence, that the defendant did set fire to the property of the…
1Opinion of the CourtAlleN, J.
Three questions are presented by this appeal: (1) That there was error in imposing tbe burden of proof on tbe defendant on tbe second issue. (2) That if tbe burden of proof was on tbe defendant, it was by reason of tbe presumption arising from proof that tbe defendant destroyed tbe property of tbe plaintiffs by fire, and that this was a presumption of law and not of fact; and that when evidence was offered rebutting tbe presumption, it was error to leave tbe question to tbe jury, in tbe absence of other evidence of negligence, and that it ought to bave been decided as matter of law by tbe…
2Cases cited11 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- 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
- Ellis v. Portsmouth & Roanoke Rail RoadSupreme Court of North Carolina · 1841
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Worth Co. v. International Sugar Feed No. 2 Co.Supreme Court of North Carolina · 1916
- Mitchell v. Phillips Mining Co.Supreme Court of Iowa · 1917
- Perry v. Branning Manufacturing Co.Supreme Court of North Carolina · 1918
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1898
- Sterling Mills, Inc. v. Saginaw Milling Co.Supreme Court of North Carolina · 1922
8 more not listed; retrieve them via the Exa API.