Legal Opinion

Moore v. Wilmington & Weldon R. R.

Supreme Court of North Carolina

Decided April 4, 1899PublishedCited by 17 opinions

Civil ActioN to recover damages for injury to land by fire alleged to have originated from sparks from defendant’s engine through negligence, tried before Adams, J., at February Term, 1898, of Duplot Superior Court.

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Civil ActioN to recover damages for injury to land by fire alleged to have originated from sparks from defendant’s engine through negligence, tried before Adams, J., at February Term, 1898, of Duplot Superior Court. It was admitted by plaintiff that defendant’s engine was in good condition, and had a proper spark-arrester, and was skillfully operated; the negligence alleged was that the right of way had combustible matter upon it, which.was ignited by sparks from the engine, and the fire was communicated to plaintiff’s land adjoining. The defendant contended that the fire originated outside…

1Opinion of the Court

FaiRoloth, 0. J.

This action is for damages in burning the plaintiff’s timber trees, wood, undergrowth and other property adjoining the defendant’s right-of-way. The allegation is that sparks, emitted from defendant’s engine, fell upon its right-of-way and fired combustible and ignitable matter on tbe right-of-way, which fire was communicated to the plaintiff’s premises, and that the fire was produced as a result of the defendant’s negligence. There was no direct evidence as to the origin of the fire. There was conflicting evidence as to the place where and the time when the fire broke out.…

2Cited by17 opinions

  1. Williams v. RailroadSupreme Court of North Carolina · 1906
  2. Aman v. Rowland Lumber Co.Supreme Court of North Carolina · 1912
  3. Ins. Co. v. . R. R.Supreme Court of North Carolina · 1903
  4. Bowers v. East Tennessee & Western North Carolina RailroadSupreme Court of North Carolina · 1907
  5. Aman v. . Lumber Co.Supreme Court of North Carolina · 1912

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