Kornegay v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from Cooke, J., at October Term, 1910, of WayNe. Action to recover damages for setting fire to plaintiff’s bouse and destroying tbe same and a part of its contents. So much of tbe plaintiff’s own testimony as is necessary to show tbe origin of tbe fire was as follows: “On 23 October, 1901, Jbbn IT. Sparks’ show train was pulling out of Mount Olive to go to Clinton. I was out on my piazza with my family, viewing tbe train as it passed our bouse.
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Appeal from Cooke, J., at October Term, 1910, of WayNe. Action to recover damages for setting fire to plaintiff’s bouse and destroying tbe same and a part of its contents. So much of tbe plaintiff’s own testimony as is necessary to show tbe origin of tbe fire was as follows: “On 23 October, 1901, Jbbn IT. Sparks’ show train was pulling out of Mount Olive to go to Clinton. I was out on my piazza with my family, viewing tbe train as it passed our bouse. Sparks in great quantities were being emitted from tbe smokestack of tbe engine pulling that train of cars. My bouse was situated on tbe east…
1Opinion of the Court
Walker, J.,
after stating the case: The defendant’s motion for a nonsuit was properly overruled. There was sufficient evidence tending to show that the fire was caused by sparks emitted from .the defendant’s engine. The plaintiff’s own testimony, and there was more of the same kind, warranted the jury in finding, as a fact, that the house was set on fire in that way. If we construe the evidence in the most favorable light for the plaintiff, giving him the benefit of all legitimate and reasonable inferences to be drawn therefrom, as we are required to do (Cotton v. R. R., 149 N. C., 227;…
2Cases cited6 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- Cotton v. North Carolina R. R. Co.Supreme Court of North Carolina · 1908
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Freeman v. . BrownSupreme Court of North Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- State v. . HairstonSupreme Court of North Carolina · 1943
- In Re HintonSupreme Court of North Carolina · 1920
- McNeill v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- S. v. . VannSupreme Court of North Carolina · 1913
- State v. . WilsonSupreme Court of North Carolina · 1918
49 more not listed; retrieve them via the Exa API.