Peele v. North & South Carolina Railway Co.
Supreme Court of North Carolina
Appeal from Oooke, J., at October Term, 1911, of ScotlaNd. This was a civil action. The plaintiffs alleged that the defendant was a corporation, doing and carrying on the business of a railroad and common carrier, and that on 26 October, 1909, it ran its locomotives on its railroad and negligently permitted sparks of fire to be emitted from its locomotives, and that the said,sparks of fire ignited the property of the plaintiffs, which was situated contiguous to or near the…
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Appeal from Oooke, J., at October Term, 1911, of ScotlaNd. This was a civil action. The plaintiffs alleged that the defendant was a corporation, doing and carrying on the business of a railroad and common carrier, and that on 26 October, 1909, it ran its locomotives on its railroad and negligently permitted sparks of fire to be emitted from its locomotives, and that the said,sparks of fire ignited the property of the plaintiffs, which was situated contiguous to or near the railroad, and set fire to and damaged the plaintiff's property in the sum of $360. , The defendant, answering the…
1Opinion of the Court
Hoke, J.,
after stating tbe ease: Except by statutory provision, a court bas no power to enter summary judgment on an arbitration and award arising by agreement in pais and not as incident to a pending suit. 'Where suit is pending between the parties, and more especially after issue joined, and there is an agreement to arbitrate, the award to be made a rule of court, in such case the award may be enforced by judgment entered in the cause. There is also ample authority for the position that on action pending and issue joined, though the agreement to arbitrate be made out of court, if. the…
2Cases cited6 opinions
- Farrington v. HamblinNew York Supreme Court · 1834
- Long v. FitzgeraldSupreme Court of North Carolina · 1887
- Moore v. . AustinSupreme Court of North Carolina · 1881
- Wear v. RaganMississippi Supreme Court · 1855
- Jackson v. . McLeanSupreme Court of North Carolina · 1887
1 more not listed; retrieve them via the Exa API.