Emry v. Roanoke Navigation & Water-Power Co.
Supreme Court of North Carolina
Civil action to recover damages for the alleged negligent burning of plaintiff’s mills, caused by the defendant in blasting near said mills, tried at March Term, 1892, of Halifax Superior Court, Brown, J., presiding. The facts pertinent to the questions discussed and decided by the Court are slated in the opinion.
1Opinion of the Court
Shepherd, J.:
The argument before us was based upon the assumption that the defendant, in conducting certain blasting operations on its own land, was guilty of negligence by reason of its failure to exercise ordinary care, and| that its liability for the same can only be avoided by establishing contributory negligence on the part of the plaintiffs.
In our opinion, the true principle upon which the case is to be determined lies quite beyond that discussed by counsel, and involves a consideration of the question, not whether there was contributory negligence, but ^whether the defend•ant was…
2Cases cited13 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- Evansville & Terre Haute Railroad v. GriffinIndiana Supreme Court · 1885
- McAlpin v. . PowellNew York Court of Appeals · 1877
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3Cited by16 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Deans v. . R. R.Supreme Court of North Carolina · 1890
- Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1894
- Jones v. BlandSupreme Court of North Carolina · 1921
- McGhee v. Norfolk & Southern Railway Co.Supreme Court of North Carolina · 1908
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