Kerner v. Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Devin, J., at tbe May Term, 1914, of Fou-SYTH. Civil action tried upon certain issues, of wbicb tbe following was tbe first: 1. Was tbe property of tbe plaintiffs described in tbe complaint set on fire and burned by sparks of tbe defendant’s engine, as alleged in tbe complaint? Answer: No. From tbe judgment dismissing tbe action, tbe plaintiff appealed.
1Opinion of the CourtBRowN, J.
Tbe action is brought to recover damages for tbe destruction of tbe plaintiff’s factory in the town of Kernersville 15 April, 1912. Tbe plaintiff offered evidence tending to prove that a freight train of tbe defendant, with an engine in charge of John Snyder, was defective as to its spark arrester and whs so unskillfully operated that it emitted large quantities of live sparks wbicb set fire to inflammable material in tbe plaintiff’s factory and destroyed it. Tbe defendant introduced evidence to tbe contrary. Tbe jury found tbe first issue in favor of tbe defendant.
There are eighteen…
2Cases cited9 opinions
- Lesser Cotton Co. v. St. Louis, I. M. & S. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Cheek v. Lumber Co.Supreme Court of North Carolina · 1904
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- First National Bank v. Lake Erie & Western RailroadIllinois Supreme Court · 1898
- Gray v. . R. R.Supreme Court of North Carolina · 1914
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3Cited by20 opinions
- Godfrey v. . Power Co.Supreme Court of North Carolina · 1925
- Patrick v. . TreadwellSupreme Court of North Carolina · 1942
- United States v. StephensCourt of Appeals for the Ninth Circuit · 1934
- Moore v. . R. R.Supreme Court of North Carolina · 1917
- Teague v. Duke Power CompanySupreme Court of North Carolina · 1963
15 more not listed; retrieve them via the Exa API.