Kearney v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal by defendant from Stacy, J., at February Term, 1918, of FeaNicliN. This action is to recover damages for property alleged to have been burned by the negligence of the defendant. From a verdict and judgment for $10,000, the defendant appealed.
1Opinion of the CourtClark, C. J.
Owing to the amount involved, this case has required very full consideration of all the exceptions, but it really turned almost entirely upon controverted facts of which the jury were the arbiters. The plaintiff contended that the fire was due to the negligence of the defendant in permitting its right of way to become foul and its engine emitting sparks which set fire to the right of way and thus destroyed his property. The defendant contended that the fire originated in the plaintiff’s boiler-room. The train alleged to have set out the fire passed about 3 p. m. and the fire was discovered…
2Cases cited2 opinions
- Hardy v. Hines Bros. LumberSupreme Court of North Carolina · 1912
- Boney v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1918
3Cited by7 opinions
- Hunt v. WootenSupreme Court of North Carolina · 1953
- Ramsey v. Nash Furniture Co.Supreme Court of North Carolina · 1936
- Lea v. Southern Public Utilities Co.Supreme Court of North Carolina · 1919
- Mitchell v. Automobile UnderwritersSupreme Court of Iowa · 1938
- Vann v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1921
2 more not listed; retrieve them via the Exa API.