Denny v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Calvert, J., at tbe December Term, 1919, of ROBESON. Tbis is an action to recover damages for burning over tbe lands of tbe plaintiffs, one of tbe allegations of negligence being tbat tbe defendant permitted combustible matter to accumulate on its right of way, wbicb was ignited by sparks from tbe engine of tbe defendant, and that tbe fire was thence communicated to tbe lands of tbe plaintiff.
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Appeal by plaintiff from Calvert, J., at tbe December Term, 1919, of ROBESON. Tbis is an action to recover damages for burning over tbe lands of tbe plaintiffs, one of tbe allegations of negligence being tbat tbe defendant permitted combustible matter to accumulate on its right of way, wbicb was ignited by sparks from tbe engine of tbe defendant, and that tbe fire was thence communicated to tbe lands of tbe plaintiff. There was evidence tending to prove tbe allegations of negligence relied on by tbe plaintiffs, and evidence on tbe part of tbe defendant tending to prove tbat tbe fire…
1Opinion of the CourtAllen, J.
The charge that “the defendant is not required to take such precautions as will prevent the escape of any fire whatsoever from, its engine, but is required only to use a skilled and competent éngineer and such spark arrester as is, at the time, in general and approved use, and that its engine should be operated in a careful manner, and when it has discharged this duty and fire has escaped from its engine and catches on the right of way, the defendant is not liable, for the law says there has been no negligence on its part” is erroneous, because it omits the view of negligence arising from…
2Cases cited14 opinions
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Ellis v. Portsmouth & Roanoke Rail RoadSupreme Court of North Carolina · 1841
- Lawton v. . GilesSupreme Court of North Carolina · 1884
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3Cited by1 opinion
- Fleming v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952