McMillan v. Wilmington & Weldon Railroad
Supreme Court of North Carolina
Civil ActioN for damages far injury done to plaintiffs land by fire originated on defendant’s right-of-way from sparks emitted from the engine, tried before Robinsons J., ■at December Team, 1898, of Duplot Superior Court. At close of plaintiffs evidence, the defendant moved to nonsuit him, on the ground that he had failed to make out a ■case entitling him to recover. Motion refused. Defendant excepted. There was a verdict for plaintiff, and judgment. Defendant appealed.
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Civil ActioN for damages far injury done to plaintiffs land by fire originated on defendant’s right-of-way from sparks emitted from the engine, tried before Robinsons J., ■at December Team, 1898, of Duplot Superior Court. At close of plaintiffs evidence, the defendant moved to nonsuit him, on the ground that he had failed to make out a ■case entitling him to recover. Motion refused. Defendant excepted. There was a verdict for plaintiff, and judgment. Defendant appealed. The evidence is stated, substantially, in the opinion. ■
1Opinion of the CourtFurches, J.
This is an action against the defendant upon the allegation- that defendant negligently set fire to defendant’s lands by reason of which plaintiff was damaged.
Upon the close of plaintiff’s evidence defendant moved to nonsuit plaintiff upon the ground that he had not made a case entitling him to recover. Chap. 109, Acts 1897. As this action was tried before the passage of chap.. 131, Laws 1899, the defendant is entitled to have the case reviewed upon its status at the time this motion was made. Purnell v. Railroad, 122 N. C., 832; Wood v. Bartholomew, 122 N. C., 177. We have, therefore,…
2Cases cited2 opinions
- Purnell v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1898
- Wood v. BartholomewSupreme Court of North Carolina · 1898
3Cited by12 opinions
- Star Manufacturing Co. v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1942
- Simmons v. John L. Roper Lumber Co.Supreme Court of North Carolina · 1917
- Williams v. Camp Manufacturing Co.Supreme Court of North Carolina · 1919
- Simmons v. . Lumber Co.Supreme Court of North Carolina · 1917
- Houston v. Durham Traction Co.Supreme Court of North Carolina · 1911
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