Legal Opinion

Doggett v. Richmond & Danville Railroad

Supreme Court of North Carolina

Decided January 5, 1878PublishedCited by 24 opinions

Civil ActioN, for Damages tried at'December Special Term, 1876, of Guilford Superior Court, before Kerr, J. It was alleged that by reason of sparks of fire emitted from an engine of defendant company, a lot of cross-ties on the side of the track were ignited ; that the w/ind blew the fire to a fence of one Troxler, which was consumed ; that in its course and before it could be controlled, it burned about 25Í> pannels of the p’aintiff’s fence ; and that the defendant had…

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Civil ActioN, for Damages tried at'December Special Term, 1876, of Guilford Superior Court, before Kerr, J. It was alleged that by reason of sparks of fire emitted from an engine of defendant company, a lot of cross-ties on the side of the track were ignited ; that the w/ind blew the fire to a fence of one Troxler, which was consumed ; that in its course and before it could be controlled, it burned about 25Í> pannels of the p’aintiff’s fence ; and that the defendant had neglected to provide proper safeguards and appliances to prevent injury from sparks, as aforesaid. To recover damages for…

1Opinion of the CourtBynum, J.

1- The plaintiff’was not in the first instance guilty of contributory negligence. The rule is that when the negligence of the defendant is proximate and that of the plaintiff remote, the action can be sustained, although the plaintiff is not entirely without fault; but if the injury is the product of mutual or concurring negligence, no action for damages will lie. Apply these principles to this case.

The plaintiff’s fence was three-fourths of a mile from the origin of the fire, but was connected with the fence first ignited by a continuous line of fence joined together by the intermediate land…

2Cases cited2 opinions

  1. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  2. Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870

3Cited by24 opinions

  1. Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
  2. Fulton v. Chouteau County Farmers' Co.Montana Supreme Court · 1934
  3. Carter v. ChambersSupreme Court of Alabama · 1885
  4. Smith v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
  5. Gunter v. . WickerSupreme Court of North Carolina · 1881

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