Bradley v. Camp Manufacturing Co.
Supreme Court of North Carolina
Action tried before Kerr, J., and a jury, at August Term, 1918, of' N ORTHAMPTON. Plaintiff alleged that the timber, brush, rails, and fences on his land’ were burned by sparks which came from defendant’s locomotive engine-as it passed near plaintiff’s premises, and that the fire was caused by the-negligence of the defendant.
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Action tried before Kerr, J., and a jury, at August Term, 1918, of' N ORTHAMPTON. Plaintiff alleged that the timber, brush, rails, and fences on his land’ were burned by sparks which came from defendant’s locomotive engine-as it passed near plaintiff’s premises, and that the fire was caused by the-negligence of the defendant. There was ample testimony to show that the fire was set out by defendant’s engine, and the jury found that it was negligently done, and assessed the damages. Defendant appealed from the judgment upon the-Aierdict.
1Opinion of the CourtWalker, J.
As to Massey’s testimony concerning the value of the-timber, there was no error, because he testified that, irrespective of what' he got for his own timber, or its value, he was of the opinion that the-■difference in value of plaintiff’s land before and after the fire was between $15 and $20 per acre. We do not concede, though,'that the objection was made in proper time, or that it was not within the discretion of' the court whether or not it would consider it.
The question asked the witness, J. A. Shaw, was leading, and properly excluded on that ground, even if it was otherwise competent,…
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