Balcum v. . Johnson
Supreme Court of North Carolina
ActioN tried before Allen, J., and a jury, at September Term, 1918, of Sampson. Plaintiffs, alleging ownership of a designated tract of land, instituted the action to recover damages of defendant for wrongfully setting out fire and burning over the ground by means of a defective engine operated by defendant and his employees over his tramroad, etc. There was denial of plaintiff’s ownership by defendant and of any and all liability in the matter.
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ActioN tried before Allen, J., and a jury, at September Term, 1918, of Sampson. Plaintiffs, alleging ownership of a designated tract of land, instituted the action to recover damages of defendant for wrongfully setting out fire and burning over the ground by means of a defective engine operated by defendant and his employees over his tramroad, etc. There was denial of plaintiff’s ownership by defendant and of any and all liability in the matter. There was evidence offered by plaintiffs of ownership of land, subject to a life estate therein of one J. A. Balcum, the life tenant not being a…
1Opinion of the CourtHoke, J.
Defendant noted an exception to the evidence of two witnesses for plaintiff, Martin Hairr and wife, to the effect that one week before tbe fire in question the engine operated by defendant over his tramroad, in passing the witness, threw out sparks and live coals from which fire caught. In this connection'it was also proved that defendant owned and operated only the one engine over his road, and under our decisions applicable the evidence is competent on the issue. Whitehurst v. Lumber Co., 146 N. C., 588; Knott v. R. R., 142 N. C., 238. In addition it appeared from the evidence of Andrew…
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