Watkins v. Kaolin Manufacturing Co.
Supreme Court of North Carolina
Action by Flora J. Watkins against the Kaolin Manufacturing Company, heard by Judge Fred. Moore and a jury, at May Term, 1902, of the Superior Court of Jackson County. From a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtCook, J.
The substantial questions raised by the defendant’s assignments of error are:
1. Could the cause of action for damage done to the house and land be maintained by plaintiff trustor?
2. Does the complaint state a cause of action for physical injury to plaintiff ?
3. Does a cause of action lie for physical injury resulting from fright and nervousness caused by negligent acts?
As to the first question, it is clear that the plaintiff had the right to bring this' action for damages done to the freehold. She owned the premises in fee, subject to a deed of trust executed thereon to secure a debt. The…
2Cases cited20 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Sloane v. Southern California Railway Co.California Supreme Court · 1896
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Ewing v. Pittsb. C. & St. L. Ry. Co.Supreme Court of Pennsylvania · 1892
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1925
- Green v. T. A. Shoemaker & Co.Court of Appeals of Maryland · 1909
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- State v. WigginsSupreme Court of North Carolina · 1967
- Goddard v. WattersCourt of Appeals of Georgia · 1914
19 more not listed; retrieve them via the Exa API.