Knott v. Railroad
Supreme Court of North Carolina
ActioN by J. B. Knott and wife against Cape Fear and Northern Railroad Company, beard by Judge W. B. Council and a jury, at tbe April Term, 1906, of tbe Superior Court of Wake. Tbe plaintiff alleged tbat be owned a tract of land through which tbe defendant’s railway ran. Tbat defendant permitted its right-of-way to become foul with leaves, brush, and other combustible material, and also used an engine without a proper spark-arrester to its smoke-stack.
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ActioN by J. B. Knott and wife against Cape Fear and Northern Railroad Company, beard by Judge W. B. Council and a jury, at tbe April Term, 1906, of tbe Superior Court of Wake. Tbe plaintiff alleged tbat be owned a tract of land through which tbe defendant’s railway ran. Tbat defendant permitted its right-of-way to become foul with leaves, brush, and other combustible material, and also used an engine without a proper spark-arrester to its smoke-stack. The seventh and eighth sections of the complaint read as follows: “That on or about 4 April, 1904, the said combustible matter then and there…
1Opinion of the Court
WaleeR, J.,.after stating the case: The contention of the defendant, based upon the testimony of the witness, W. J. Angier, which was admitted by the Court over defendant’s objection, is that the plaintiff in his complaint alleges, as the only acts of negligence on the part of the defendant, that the right-of-way was foul and the spark-arrester attached to the smoke-stack was defective, and there being no allegation in regard to the fire-bos, any evidence as to a defect in that was irrelevant and prejudicial. It does not .appear to us, after a careful reading of the complaint and giving it…
2Cases cited14 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Drum v. MillerSupreme Court of North Carolina · 1904
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Longabaugh v. Virginia City & Truckee RailroadNevada Supreme Court · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Balcum v. . JohnsonSupreme Court of North Carolina · 1919
- Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
- Shaw v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1915
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