Armfield v. Raleigh & Southport Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Bragaw, J., at October Term, 1912, of CUMBERLAND. Ciyil action to recover damages for negligently setting fire to and burning tbe sawmill, kiln, etc., of plaintiffs company.
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Appeal by defendant from Bragaw, J., at October Term, 1912, of CUMBERLAND. Ciyil action to recover damages for negligently setting fire to and burning tbe sawmill, kiln, etc., of plaintiffs company. There was testimony, on part of plaintiff, tending to show that, on or about 7 July, 1911, the sawmill of plaintiff’s company, situate on or near the right of way of defendant, was destroyed by fire and that same was caused by the negligence of defendant in operating one of its trains, defective engine, etc. Defendant contended and offered evidence to show that the mill was burned by reason of…
1Opinion of the CourtHoke, J.
Although there is a voluminous record in this case and the amount involved is a large one, the matter at issue is largely dependent on questions of fact. The jury having accepted the plaintiff’s version of the occurrence, a cause of action is clearly established, and, after most careful consideration, we find nothing in the exceptions presented which would justify the Court in disturbing the results of the trial. It was chiefly urged for error that, upon the entire testimony, there was no sufficient evidence that defendant’s train had anything to do with causing the fire, but, on the record,…
2Cases cited10 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Jones v. . JonesSupreme Court of North Carolina · 1879
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Currie v. . R. R.Supreme Court of North Carolina · 1911
- Lee v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1953
- Queen v. Dixie Fire InsuranceSupreme Court of North Carolina · 1919
- In Re Will of EdensSupreme Court of North Carolina · 1921
- Hooper v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1925
3 more not listed; retrieve them via the Exa API.