Thomas v. Hammer Lumber Co.
Supreme Court of North Carolina
Appeal from Lyon, J., at the August Term, 1910, of BbuNS-WIGK. This action was. brought to recover damages to plaintiff’s land and growing timber by fire, alleged to have been negligently set out by defendant’s engine, operated on a lumber road constructed for the purpose of hauling the logs cut from plaintiff’s land.
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Appeal from Lyon, J., at the August Term, 1910, of BbuNS-WIGK. This action was. brought to recover damages to plaintiff’s land and growing timber by fire, alleged to have been negligently set out by defendant’s engine, operated on a lumber road constructed for the purpose of hauling the logs cut from plaintiff’s land. The plaintiff had sold certain timber trees growing upon his land to one Hammer, who had conveyed them to the defendant company, and had sold him, Hammer, a right of way one hundred feet wide through his land in fee for the purpose of operating a railroad thereon; this right of…
1Opinion of the CourtManning, J.
It appears, without contradiction, in the evidence that tbe engine, at tbe time it was furnished Ellis by tbe defendant, was in good condition and properly equipped with a spark-arrester; but as to its condition at tbe time of the fire— some nine months thereafter — there was serious conflict in tbe testimony. It does not appear by whom tbe right of way was *354located, whether by defendant or Ellis, but it is fully established by the evidence that it was, at its location, covered with highly inflammable matter, and continued in this foul condition up to the time of the fire. There was evidence…
2Cases cited22 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Norwalk Gaslight Co. v. Borough of NorwalkSupreme Court of Connecticut · 1893
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
17 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Arthur v. . HenrySupreme Court of North Carolina · 1911
- The Omsk. Yannosky v. LaneCourt of Appeals for the Fourth Circuit · 1920
- Midgette v. . Manufacturing Co.Supreme Court of North Carolina · 1909
- Craft v. . Timber Co.Supreme Court of North Carolina · 1903
- Coppenger v. Babcock Lumber & Land Co.Court of Appeals of Tennessee · 1928
1 more not listed; retrieve them via the Exa API.