Caton v. . Toler
Supreme Court of North Carolina
Appeal by plaintiff from Whedbee, J., at May Term, 1912, of GRAVEN. Civil action to recover damages for alleged burning of plaintiff’s land and timber by the negligence of defendant. There was verdict for defendant. Judgment, and plaintiff excepted and appealed.
1Opinion of the CourtHoke, J.
There was evidence tending to show that defendant had been engaged in clearing a new-ground, burning it off: and preparing the same for cultivation, and the fire complained of broke out on plaintiff’s land after some low lightwood stumps in the clearing had been burning and smoldering for twenty-four hours, and same originated on plaintiff’s land as far as 44 yards from the nearest of these stumps.
Objection was made that several witnesses were allowed to express the opinion that lightwood stumps under conditions indicated were -not dangerous about sparks and not likely to throw them any…
2Cases cited6 opinions
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Murdock v. Carolina, Clinchfield & Ohio RailroadSupreme Court of North Carolina · 1912
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- House Cold Tire Setter Co. v. WhitehurstSupreme Court of North Carolina · 1908
- Lumber Co. v. . R. R.Supreme Court of North Carolina · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. BowenSupreme Court of North Carolina · 1949
- State v. . GraySupreme Court of North Carolina · 1920
- Renn v. . R. R.Supreme Court of North Carolina · 1915
- Peyton v. Hamilton-Brown Shoe Co.Supreme Court of North Carolina · 1914
- Lumber Co. v. . R. R.Supreme Court of North Carolina · 1909
5 more not listed; retrieve them via the Exa API.