Morton v. Washington Light & Water Co.
Supreme Court of North Carolina
Appeal by defendant from Bragaw, J., at December Term, 1913, of Beaufoet. . This action is a consolidation of two actions originally brought and entitled “Charles L. Morton v. Washington Light and Water Company” and “W. B. Morton, trading as W. B. Morton & Co., v. Washington Light and Water Company.” The alleged damage in each instance was based upon the same alleged negligence, and at the trial of the action the two causes were consolidated, by consent.
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Appeal by defendant from Bragaw, J., at December Term, 1913, of Beaufoet. . This action is a consolidation of two actions originally brought and entitled “Charles L. Morton v. Washington Light and Water Company” and “W. B. Morton, trading as W. B. Morton & Co., v. Washington Light and Water Company.” The alleged damage in each instance was based upon the same alleged negligence, and at the trial of the action the two causes were consolidated, by consent. The plaintiff Charles L. Morton was originally suing for the destruction of a store building owned by him,- by a fire which occurred on the…
1Opinion of the CourtAlleN, J.
Tbe principles announced in Gorrell v. Water Co., 124 N. C., 328, establish tbe liability of tbe defendant to tbe plaintiffs upon *585the facts found by the jury and those admitted in the pleadings, and the defendant, realizing- this, asks us to overrule that case. We have therefore reexamined the decisions in this and other jurisdictions, and the arguments and reasoning upon which they rest, and after full consideration have determined to adhere to the former ruling of this Court.
It may be conceded, as contended by the defendant, that the weight of authority, measured by number, is against the…
2Cases cited19 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Lehigh Water Co. v. EastonSupreme Court of the United States · 1887
- Clark v. Bonsal & Co.Supreme Court of North Carolina · 1911
- Voorhees v. Porter.Supreme Court of North Carolina · 1904
- Town of Gastonia v. McEntee-Peterson Engineering Co.Supreme Court of North Carolina · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Shoffner Industries, Inc. v. W. B. Lloyd Construction Co.Court of Appeals of North Carolina · 1979
- Potter v. Carolina Water CompanySupreme Court of North Carolina · 1960
- Josey v. Beaumont Waterworks Co.Court of Appeals of Texas · 1916
- Morton v. Washington Light & Water Co.Supreme Court of North Carolina · 1915
- West Durham Lumber Co. v. Aetna Casualty & Surety Co.Court of Appeals of North Carolina · 1971
3 more not listed; retrieve them via the Exa API.