Legal Opinion · Dissent

McDowell v. Norfolk Southern Railroad

Supreme Court of North Carolina

Decided December 5, 1923PublishedCited by 19 opinions

1DissentClark, C. J.

Civil action. The action is to recover damages for destruction of plaintiff's house, and personal property therein, by fire, on 6 December, 1920, through the negligence of defendant in operating its train, and chiefly by reason of a defective spark-arrester on the defendant's engine, the house being situate just adjacent to defendant's right of way, in or near the town of Asheboro, N.C. Defendant denied that the house was set on fire by its train, or otherwise, and denied that the engine was in any way defective; and both sides offered large numbers of witnesses in support of their respective…

2Cases cited10 opinions

  1. Sweeney v. ErvingSupreme Court of the United States · 1913
  2. Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
  3. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  4. Skyland Hosiery Co. v. American Railway Express Co.Supreme Court of North Carolina · 1922
  5. Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908

5 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Cutts v. CaseySupreme Court of North Carolina · 1971
  2. Speas v. Merchants Bank & Trust Co.Supreme Court of North Carolina · 1924
  3. Hinds v. John Hancock Mutual Life Insurance Co.Supreme Judicial Court of Maine · 1959
  4. Hunt v. EureSupreme Court of North Carolina · 1925
  5. Hinnant v. Tidewater Power Co.Supreme Court of North Carolina · 1924

14 more not listed; retrieve them via the Exa API.

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