Deppe v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Ward, J., at November Term, 1910, of CRAVEN. Civil action to recover damages for burning a dry-kiln. Tbe usual issues were submitted. From a verdict and judgment for plaintiff, tbe defendant appealed. Tbe facts are stated in tbe opinion of tbe Court by Mr. Justice Brown.
1Opinion of the CourtBrown, J.
Tbis cause was before us at a former term, upon appeal of plaintiff, and a new trial was ordered. It now comes -before us upon appeal of tbe defendant in a record containing tbirty-two assignments of error.
It is unnecessary to consider tbem all, as in our opinion a new trial is necessary.
Tbe dry-kiln was not on tbe right of way of tbe defendant, and even if it caugbt fire from sparks from defendant’s loco motive, the defendant would not be liable, if the jury should find that the locomotive was equipped' with a proper spark arrester and properly managed by a competent engineer.
The injury then…
2Cases cited3 opinions
- Smith v. . SmithSupreme Court of North Carolina · 1895
- Snow Lumber Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1909
- Davenport v. Norfolk & Southern & Suffolk & Carolina Railroad CompaniesSupreme Court of North Carolina · 1908
3Cited by17 opinions
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
- Patrick v. . TreadwellSupreme Court of North Carolina · 1942
- United States v. StephensCourt of Appeals for the Ninth Circuit · 1934
- State v. CuthrellSupreme Court of North Carolina · 1951
- Kerner v. Southern Railway Co.Supreme Court of North Carolina · 1915
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