Legal Opinion

Hygienic Plate Ice Manufacturing Co. v. Raleigh & Augusta Air-Line Railroad

Supreme Court of North Carolina

Decided June 5, 1900PublishedCited by 10 opinions

Civil ActioN to recover damages from fire communicated, as alleged, by sparks from a locomotive engine of defendant, and through, negligence, partially destroying the ice factory of plaintiff, tried before Brown, J., at April Term, 1899, of the Superior Court of Wake County. The ice factory was situated on defendant’s right-of-way, under a lease, some two or three hundred yards west of Union depot in Raleigh.

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Civil ActioN to recover damages from fire communicated, as alleged, by sparks from a locomotive engine of defendant, and through, negligence, partially destroying the ice factory of plaintiff, tried before Brown, J., at April Term, 1899, of the Superior Court of Wake County. The ice factory was situated on defendant’s right-of-way, under a lease, some two or three hundred yards west of Union depot in Raleigh. The fire occurred between 8 and 9 o’clock at night on August 29, 1893. The “offending locomotive engine,” as charged, was No. 228, which pulled out from the depot with a train and passed…

1Opinion of the Court

Verdict and judgment for plaintiff. Defendant appealed.(798) FAIRCLOTH, C. J., writes the opinion of the Court.

DOUGLAS, J., writes dissenting opinion. This is an action for damages to plaintiff's property alleged to have been caused by defendant's negligence. The trial resulted in a verdict and judgment in favor of the plaintiff, and an appeal by defendant. For the purposes of this opinion the facts are as follows: The plaintiff's ice factory was located on the defendant's right of way, two or three hundred yards west of Union Depot in the city of Raleigh. On 29 August, 1893, between 8 and 9…

2Cases cited4 opinions

  1. Knott v. RailroadSupreme Court of North Carolina · 1906
  2. Kerner v. Southern Railway Co.Supreme Court of North Carolina · 1915
  3. Johnson v. RailroadSupreme Court of North Carolina · 1906
  4. Grant v. . R. R.Supreme Court of North Carolina · 1891

3Cited by10 opinions

  1. Williams v. RailroadSupreme Court of North Carolina · 1906
  2. Knott v. RailroadSupreme Court of North Carolina · 1906
  3. Cheek v. Lumber Co.Supreme Court of North Carolina · 1904
  4. Kerner v. Southern Railway Co.Supreme Court of North Carolina · 1915
  5. Norfolk & Western Railway Co. v. BriggsSupreme Court of Virginia · 1904

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