Blue v. Aberdeen & West End Railroad
Supreme Court of North Carolina
Civil aotioN for damages, tried before Hoke, J., and a jury, at August Term, 1895, of Moore Superior Court, in which plaintiff sought to recover damages for injury to property caused by fire alleged to have originated on the defendant’s right of way from sparks from the defendant’s engine falling on inflammable material alleged to have been negligently left thereon. There was judgment for the defendant and plaintiff appealed.
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Civil aotioN for damages, tried before Hoke, J., and a jury, at August Term, 1895, of Moore Superior Court, in which plaintiff sought to recover damages for injury to property caused by fire alleged to have originated on the defendant’s right of way from sparks from the defendant’s engine falling on inflammable material alleged to have been negligently left thereon. There was judgment for the defendant and plaintiff appealed. The facts necessary to an understanding of the opinion are sufficiently adverted to therein.
1Opinion of the Court
Avery, J.:
The exception to the ruling of the court that the witness Riddick had not qualified as an expert seemed to be relied on with more confidence than any one of the great number taken on the trial. After the court had found, upon objection of defendant, that on a previous preliminary examination the witness had not shown that he had the peculiar skill and knowledge which proved his fitness to testify as an expert, a re-examination elicited the following statement from him : “ That he was professor of civil engineering and mathematics in the North Carolina College of Agriculture and…
2Cases cited15 opinions
- State v. . EflerSupreme Court of North Carolina · 1881
- State v. . BradySupreme Court of North Carolina · 1890
- State v. . VannSupreme Court of North Carolina · 1880
- Flynt v. . BodenhamerSupreme Court of North Carolina · 1879
- Hammond v. SchiffSupreme Court of North Carolina · 1888
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3Cited by30 opinions
- Brown v. . Power Co.Supreme Court of North Carolina · 1905
- Railroad v. OliveSupreme Court of North Carolina · 1906
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Hodges v. Western Union Telegraph Co.Supreme Court of North Carolina · 1903
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
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