Legal Opinion

Bowers v. East Tennessee & Western North Carolina Railroad

Supreme Court of North Carolina

Decided May 27, 1907PublishedCited by 11 opinions

ActioN to recover damages for the alleged negligent burning of plaintiffs hotel building at Elk Park, tried before Moore, Jand a jury, at May Term, 1906, of the Superior Court of Mitchell County. Erom a judgment of nonsuit plaintiff appealed.

1Opinion of the CourtBrown, J.

All the evidence tends to prove that the plaintiff was the owner of a hotel building located to the south of defendant’s track, which was destroyed by fire on the night of 23 December, 1903. The fire originated in the Manning & Ellis building, some distance from the hotel, and on the north side of the track, and burned that building and several others on the same side of the track before reaching the latter, and there spread to and burned piles of lumber on and along the defendant’s right-of-way and then spread from the lumber to the hotel and destroyed it. There is a public street in the…

2Cases cited12 opinions

  1. Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
  2. Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
  3. Brewster v. Elizabeth City.Supreme Court of North Carolina · 1905
  4. Williams v. RailroadSupreme Court of North Carolina · 1906
  5. Schwartz v. ShullWest Virginia Supreme Court · 1898

7 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Ramsbottom v. . RailroadSupreme Court of North Carolina · 1905
  2. Hall v. Coble Dairies, Inc.Supreme Court of North Carolina · 1951
  3. Hamilton v. . R. R.Supreme Court of North Carolina · 1931
  4. Hudson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1918
  5. Hall v. Rinehart & Dennis Co.Supreme Court of North Carolina · 1926

6 more not listed; retrieve them via the Exa API.

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