Slocumb v. Raleigh, Charlotte & Southern Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Lyon, J., at October Term, 1913, of CumbeelaNd. This is an action to recover damages for tbe destruction by fire of a turpentine distillery.
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Appeal by plaintiff from Lyon, J., at October Term, 1913, of CumbeelaNd. This is an action to recover damages for tbe destruction by fire of a turpentine distillery. Tbe jury returned tbe following verdict: 1. -Was tbe property of tbe plaintiff burned by tbe negligence of tbe defendant, as alleged in tbe complaint? Answer: Yes. 2. Was said property burned by tbe contributory negligence of tbe plaintiff? Answer: No. 3. Wbat damage, if any, bas tbe plaintiff sustained ? Answer: $1,800. 4. Did tbe plaintiff, Slocumb, execute tbe contract dated 15 July, 1908, and go in possession of said land in…
1Opinion of the CourtAlleN, J.
The construction of the language used in the lease, “fire originating wjthin the boundaries hereby leased,” is not free from difficulty.
If it means that the primal cause of the destruction by fire must be within the boundaries, the stipulation affords no protection to the defendant, on the facts before us, because there would have been nó fire but for the spark which came from beyond the boundaries, and, on the other hand, if the proper interpretation of the language is that it was intended thereby to locate the place of combustion with inflammable matter, and the stipulation is valid, there…
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- Cincinnati, New Orleans, & Texas Pacific Railway Co. v. SaulsburyTennessee Supreme Court · 1905
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- American Central Insurance v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1898
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- Miller's Mut. Fire Ins. Ass'n of Alton, Ill. v. ParkerSupreme Court of North Carolina · 1951
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