Williams v. Railroad
Supreme Court of North Carolina
ActioN by W. H. Williams against the Atlantic Coast Line Railroad Co., heard by Judge W. R. Allen and a jury, at the November Term, 1905, of the Superior Court of Duplin. Erom a judgment for the plaintiff, the defendant appealed.
1Opinion of the CourtClark, C. J.
This action is for the recovery of damages for negligently setting fire to and burning the woods of the plaintiff by sparks from an engine falling upon a foul right-of-way. The errors assigned are: 1. Refusal to nonsuit. 2. That there was no evidence that the fire originated from the defendant’s engine. 3. Refusal to charge that “even if the fire was communicated to the defendant’s right-of-way, the plaintiff cannot recover, for the engine was in good repair and equipped with an improved spark arrester for preventing the escape of sparks, and was managed and operated in a careful manner by a…
2Cases cited9 opinions
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- State v. . KigerSupreme Court of North Carolina · 1894
- Cheek v. Lumber Co.Supreme Court of North Carolina · 1904
- Moore v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Phillips v. RailroadSupreme Court of North Carolina · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Star Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- Knott v. RailroadSupreme Court of North Carolina · 1906
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
38 more not listed; retrieve them via the Exa API.