Snider v. City of High Point
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at December Term, 1914, of G-uil-eoed. Civil action. There was evidence tending to show that, on 6 June, 1914, the intestate, a child between 9 and 10 years old, while playing around a trash-pile which had been fired by employees of defendant, caught on fire and was so severely burned that she died the following day; that the'agent and employees of defendant, by permission of the owners, were engaged in hauling the trash, refuse, and…
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Appeal by plaintiff from Devin, J., at December Term, 1914, of G-uil-eoed. Civil action. There was evidence tending to show that, on 6 June, 1914, the intestate, a child between 9 and 10 years old, while playing around a trash-pile which had been fired by employees of defendant, caught on fire and was so severely burned that she died the following day; that the'agent and employees of defendant, by permission of the owners, were engaged in hauling the trash, refuse, and garbage from the city, consisting of paper, rags, beef bones, rotted potatoes, bananas, etc., out on a 40-aere tract of land…
1Opinion of the Court
Hoke, J.,
after stating the case: On perusal of the facts in evidence there may be some question as to the existence o'f negligence on the part of defendant’s employees; but if this be conceded to plaintiff on account of his evidence tending to show that there were several young children near the pile at the time the same was fired, we think the judgment of nonsuit must be sustained because the acts complained of were in pursuance of authority conferred by law for the public benefit, and comes within the principle that unless a right of action is given by statute a municipality may not be held…
2Cases cited8 opinions
- White v. Commissioners of ChowanSupreme Court of North Carolina · 1884
- McIlhenney v. City of WilmingtonSupreme Court of North Carolina · 1900
- Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
- Harrington v. Town of GreenvilleSupreme Court of North Carolina · 1912
- Donnell v. City of GreensboroSupreme Court of North Carolina · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Koontz v. City of Winston-SalemSupreme Court of North Carolina · 1972
- Millar v. Town of WilsonSupreme Court of North Carolina · 1942
- Carpenter v. . R. R.Supreme Court of North Carolina · 1922
- James Ex Rel. James v. City of CharlotteSupreme Court of North Carolina · 1922
- Sandlin v. City of WilmingtonSupreme Court of North Carolina · 1923
15 more not listed; retrieve them via the Exa API.