Legal Opinion

Aycock v. Raleigh & Augusta Air-Line Railroad

Supreme Court of North Carolina

Decided October 5, 1883PublishedCited by 115 opinions

Civil ActioN tried at Spring Term, 1883, of Richmond Superior Court, before MacRae, J. The defendant company appealed from the judgment of the court below.

1Opinion of the CourtSmith, C. J.

This action is to recover compensation in damages for the destruction of timber and other injury done to the plaintiff’s land from fire, alleged to have been communicated by sparks escaping from the smoke-stack of an engine running on the defendant’s road, in the month of March, 1878. Three issues extracted from the pleadings were submitted to and passed on by the jury.

1. Is the plaintiff the owner of the land described in the complaint?

2. Did the defendant negligently set fire to the timber on the plaintiff’s land, and thereby damage the same?

3. If so, what are the plaintiff’s damages?

The…

2Cases cited10 opinions

  1. Railroad Co. v. BarronSupreme Court of the United States · 1867
  2. Doggett v. Richmond & Danville RailroadSupreme Court of North Carolina · 1879
  3. Anderson v. Cape Fear Steamboat Co.Supreme Court of North Carolina · 1870
  4. Owens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
  5. Rollins v. Eastern Band of Cherokee IndiansSupreme Court of North Carolina · 1882

5 more not listed; retrieve them via the Exa API.

3Cited by115 opinions

  1. Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
  2. White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
  3. Reusens v. LawsonSupreme Court of Virginia · 1895
  4. Womble v. . Grocery Co.Supreme Court of North Carolina · 1904
  5. Ridge v. Norfolk Southern RailroadSupreme Court of North Carolina · 1914

110 more not listed; retrieve them via the Exa API.

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