Mizzell v. Branning Manufacturing Co.
Supreme Court of North Carolina
Appeal from Justice, J-, at September Term, 1911, of Beetie. This action was brought to recover damages for burning timber on the plaintiff’s land. The defendant’s servants, under the instructions of the section-master of its railway, were “burning off” the right of way, where much straw, trash, tree-tops, and stubble had been allowed to accumulate.
Read the full summary
Appeal from Justice, J-, at September Term, 1911, of Beetie. This action was brought to recover damages for burning timber on the plaintiff’s land. The defendant’s servants, under the instructions of the section-master of its railway, were “burning off” the right of way, where much straw, trash, tree-tops, and stubble had been allowed to accumulate. It was in March, 1910, when it was very dry, and a high wind arose and swept the fire into the dry tree-tops nearby, from which and the right of way it was carried to the plaintiff’s land, and burned over his land. One of the plaintiff’s witnesses…
1Opinion of the CourtWalxer, J.
Tbe case does not make it very clear whether tbe expression, “tbe other evidence was as to tbe amount of damages,” refers only to tbe plaintiff’s evidence or to tbe entire evidence. If tbe former is tbe true meaning, we could not decide tbat there is no evidence of negligence, without knowing what was tbe evidence introduced by tbe defendant, for on a motion to nonsuit, tbe plaintiff has tbe right to have all of tbe evidence considered by us in tbe view most favorable to him. Tbe appellant should have relieved us of any uncertainty in this respect. But tbe evidence, as stated in tbe case on…
2Cases cited11 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- State v. Lipscomb.Supreme Court of North Carolina · 1904
- State v. MaultsbySupreme Court of North Carolina · 1902
- Moore v. . ParkerSupreme Court of North Carolina · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Aman v. Rowland Lumber Co.Supreme Court of North Carolina · 1912
- Aman v. . Lumber Co.Supreme Court of North Carolina · 1912
- Benton Ex Rel. Benton v. MontagueSupreme Court of North Carolina · 1961
- Winborne Guano Co. v. Plymouth Mercantile Co.Supreme Court of North Carolina · 1915