Broadfoot v. Atlantic Coast Line Railway Co.
Supreme Court of North Carolina
Civil ACTION, tried before Connor, J., at March Term, 1917, of CUMBERLAND, to recover damages for negligently burning over plaintiff’s land. At tbe conclusion of all tbe evidence, tbe judge intimated tbat be would charge tbe jury tbat there was no evidence of negligence. Tbe plaintiff submitted to a nonsuit and appealed.
1Opinion of the CourtBrown, J.
Plaintiff testified that be was at home, about 1% miles away, and saw the smoke in the direction of bis land, which lay on the east side of the defendant railroad; that be went immediately to where the smote was, and the fire was burning and smouldering on the east side of the railroad, on the right of way, on top of an embankment, which is about the height of the top of a smokestack of an engine, which evidently is only a few feet away from the track itself. Tbe wind was blowing from the west to the east, in the direction of plaintiff's land, and carried the fire to and burned over this…
2Cases cited1 opinion
- Hockfield v. Southern Railway Co.Supreme Court of North Carolina · 1909
3Cited by4 opinions
- Williams v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
- Betts v. Southern RailwaySupreme Court of North Carolina · 1949
- Collum v. Southern Ry. CompanySupreme Court of South Carolina · 1939
- Gainey v. Rockingham RailroadSupreme Court of North Carolina · 1952