Matthis v. . Johnson
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at Fall Term, 1920, of SampsoN. Tbis action was brought to recover damages for setting fire to plaintiff’s lands and tbe timber thereon, in April, 1916, and burning the same. The fire came from defendant’s engine, which was operated on his tram-road.
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Appeal by defendant from Kerr, J., at Fall Term, 1920, of SampsoN. Tbis action was brought to recover damages for setting fire to plaintiff’s lands and tbe timber thereon, in April, 1916, and burning the same. The fire came from defendant’s engine, which was operated on his tram-road. There was evidence tending to show that the fire was set out by defendant’s engine, and that it burned plaintiff’s property, and that it started at the side of the tramroad and near to it, or at a trestle on the road where there were tree tops, grass, and other dry and combustible material, and that it burned…
1Opinion of the Court
Walkee, J.,
after- stating the case: We will consider the exceptions in the order of their statement in the record :
The testimony of Martin Hairr and Susan H. Hairr was competent, and was properly admitted. The burden was upon the defendant to show that his engine was provided with a spark arrester, or other ap pliances, reasonably sufficient to prevent tbe escape of sparks or live coals from tbe smokestack, or tbe fire box, and tbis is rested upon tbe ground tbat tbe defendant necessarily bas, or should bave, peculiar knowledge of tbe facts, and is better informed as to tbe condition of bis…
2Cases cited20 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
- Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
- Dail v. TaylorSupreme Court of North Carolina · 1909
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Saunders v. Norfolk & Western Railway Co.Supreme Court of North Carolina · 1923
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Saunders v. . R. R.Supreme Court of North Carolina · 1923
- Ins. Co. v. . R. R.Supreme Court of North Carolina · 1903
- Simmons v. . Lumber Co.Supreme Court of North Carolina · 1917
5 more not listed; retrieve them via the Exa API.