Legal Opinion

Lawton v. . Giles

Supreme Court of North Carolina

Decided February 5, 1884PublishedCited by 24 opinions

Civil ActioN tried at January Special Term, 1884, of New HaNOVER Superior Court, before Gilmer, J. The action is for damages resulting from the alleged negligence of defendants in causing the burning of plaintiffs’ house. The case is stated in the opinion of this court. Verdict and judgment for plaintiffs; appeal by defendants.

1Opinion of the CourtSmith, C. J.

Late in the' afternoon on March 13th, 1881, the plaintiffs’ house, constructed of wood and with shingle roof, some hundred yards distant from the rice mill of the defendants, operated by steam power in the city of Wilmington, was set on fire and badly burned, as alleged, from sparks issuing out of the smoke-stack of the mill, attributable to the negligent management of them and their servants, and the want of due precaution in providing against their escape. On the day of the occurrence the wind was blowing with a velocity of from fourteen to sixteen miles an hour in the direction of the…

2Cases cited4 opinions

  1. Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
  2. State v. . DunlopSupreme Court of North Carolina · 1871
  3. Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
  4. State v. . JonesSupreme Court of North Carolina · 1882

3Cited by24 opinions

  1. White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
  2. Cashwell v. Fayetteville Pepsi-Cola Bottling WorksSupreme Court of North Carolina · 1917
  3. Silver Falls Timber Co. v. Eastern & Western Lumber Co.Oregon Supreme Court · 1934
  4. Craft v. Albemarle Timber Co.Supreme Court of North Carolina · 1903
  5. Keyser Canning Co. v. Klots Throwing Co.West Virginia Supreme Court · 1923

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