Simpson v. Enfield Lumber Co.

This is a petition to rehear the above-entitled case, which was decided at August Term, 1902, and is reported in 131 N.C. 518. This Court then held that the motion to nonsuit should have (96) been granted, as the defendant, to whom the plaintiff had sold certain timber on his land with the right to cut the same and to build a railroad on the land for the purpose of removing it, was not liable to the plaintiff for any damage caused by a fire communicated by its engine, if properly equipped and operated, to combustible material negligently permitted to accumulate on or along its track and…