Moore v. . Parker
Supreme Court of North Carolina
Civil Action, tried at August Special Term, 1884, of Union Superior Court, before MacBaé, J, In this action the plaintiff seeks to recover compensation in damages for the destruction by fire of two houses belonging to him, and in the occupation of the defendants under a contract of lease, communicated by a stove-pipe passing through the wall and weather-boarding; and negligence is imputed in the manner of putting up the stove and passing the smoke-pipe through inflammable…
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Civil Action, tried at August Special Term, 1884, of Union Superior Court, before MacBaé, J, In this action the plaintiff seeks to recover compensation in damages for the destruction by fire of two houses belonging to him, and in the occupation of the defendants under a contract of lease, communicated by a stove-pipe passing through the wall and weather-boarding; and negligence is imputed in the manner of putting up the stove and passing the smoke-pipe through inflammable materials, and in the excessive fire made on the occasion. The defendants allege that the stove and smoke-pipe were thus…
1Opinion of the CourtSmith, C. J.
The defendants’ first instruction was properly refused in the broad and unqualified terms used, and in its application to the testimony in the present case.
We adhere to the rule laid down in the recént case of Aycock v. Railroad, 89 N. C., 321, and enunciated in these words, originally proceeding from the pen of Judge Gaston : “ When he (the plaintiff) shows damages from their (the de fendants) act which act, with the exertion of proper care does'not ordinarily produce damage, he makes out a prima facie case of negligence, which cannot be repelled but by proof of care or of some extraordinary…
2Cases cited5 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Robt. W. Glenn v. . the Charlotte S.C. R. R. Co.Supreme Court of North Carolina · 1869
- State v. . ScottSupreme Court of North Carolina · 1870
- Margaret McLennan v. R. C. Chisholm.Supreme Court of North Carolina · 1872
- State v. . HargettSupreme Court of North Carolina · 1871
3Cited by23 opinions
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- McKinnon v. . MorrisonSupreme Court of North Carolina · 1889
- Winkler v. Appalachian Amusement Co.Supreme Court of North Carolina · 1953
- Taylor v. . PlummerSupreme Court of North Carolina · 1890
- Keyser Canning Co. v. Klots Throwing Co.West Virginia Supreme Court · 1923
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