Cobb v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Civil actioN, tried before Daniels, J., at October Term, 1917, of WilsoN, upon these issues: 1. Was the plaintiff, M. C. Cobb, damaged by the trespasses of the defendants, as alleged? Answer: “Yes.” 2. What amount of damages by way of compensation is the plaintiff entitled to recover ? Answer: “$15.” 3. Were such trespasses committed wantonly and willfully and in reckless disregard of the plaintiff’s rights? Answer: “No.” 4. What amount of punitive damages, if any, is the…
Read the full summary
Civil actioN, tried before Daniels, J., at October Term, 1917, of WilsoN, upon these issues: 1. Was the plaintiff, M. C. Cobb, damaged by the trespasses of the defendants, as alleged? Answer: “Yes.” 2. What amount of damages by way of compensation is the plaintiff entitled to recover ? Answer: “$15.” 3. Were such trespasses committed wantonly and willfully and in reckless disregard of the plaintiff’s rights? Answer: “No.” 4. What amount of punitive damages, if any, is the plaintiff entitled to recover ? Answer: . From the judgment rendered, the plaintiff appealed.
1Opinion of the CourtBeowN, J.
This action is brought to recover damages arising .out of blasting operations conducted by defendant railroad company upon its quarry near plaintiff’s lands. The evidence tends to prove that the effect of the blasts was to throw quantities of loose rock upon plaintiff’s land, breaking shingles, injuring houses, causing his laborers to leave work, and materially injuring plaintiff’s property.
As tbe jury found for plaintiff on first and second issues and be did not appeal, tbe assignments of error are necessarily confined to tbe third issue.
For tbe purpose of proving tbat tbe alleged trespasses…
2Cases cited4 opinions
- Hayes v. RailroadSupreme Court of North Carolina · 1906
- Motsinger v. . SinkSupreme Court of North Carolina · 1915
- Huffman v. Southern RailroadSupreme Court of North Carolina · 1913
- Smith v. Morganton Ice Co.Supreme Court of North Carolina · 1912
3Cited by11 opinions
- State v. . LeaSupreme Court of North Carolina · 1932
- Guilford Realty & Insurance Co. v. Blythe Bros. Co.Supreme Court of North Carolina · 1963
- Baker v. WinslowSupreme Court of North Carolina · 1922
- Baker v. . WinslowSupreme Court of North Carolina · 1922
- Worthy v. . KnightSupreme Court of North Carolina · 1936
6 more not listed; retrieve them via the Exa API.