Maguire v. S. A. L. Railroad
Supreme Court of North Carolina
Appeal from Ferguson, J., at August Term, 1910, of Halifax. Civil action to recover damages for setting fire to and burning plaintiff’s land. These issues were submitted: 1. Was the land of the plaintiff damaged by a fire set out by the negligence of the defendant, as' alleged in the complaint? Answer: Yes. Then followed issue as to damage. From a judgment for plaintiff, defendant appealed.
1Opinion of the CourtBrown, J.
The plaintiff alleges that the right of way of defendant was in a very foul condition, and that on a certain day in December, 1909, the defendant negligently and carelessly communicated fire to its right of way, which spread to and burned plaintiff’s lands.
The assignments of error present the question as to the sufficiency of the evidence upon the first issue.
The plaintiff’s witness, C. K. Harvell, testified that he passed the land in question between half-past 7 and 8 o’clock on the morning of the fire and noticed that the fire had burned up along the county road, which crosses the railroad…
2Cases cited10 opinions
- State v. . VinsonSupreme Court of North Carolina · 1869
- Gainesville, Jefferson & Southern Railroad v. EdmondsonSupreme Court of Georgia · 1897
- Simpson v. Enfield Lumber Co.Supreme Court of North Carolina · 1903
- Young v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1895
- Black v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1894
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3Cited by14 opinions
- Phelps v. City of Winston-SalemSupreme Court of North Carolina · 1967
- Moore v. . R. R.Supreme Court of North Carolina · 1917
- Mfg. Co. v. . R. R.Supreme Court of North Carolina · 1898
- Crenshaw v. . Street R. R.Supreme Court of North Carolina · 1907
- J. S. Moore & Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1917
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