Legal Opinion

Insurance Co. v. Atlantic Coast Line Railroad

Supreme Court of North Carolina

Decided March 10, 1903PublishedCited by 10 opinions

Action by the Hamburg-Bremen Eire Insurance Company against the Atlantic Coast Line Railroad Company, heard by Judge Francis D. Winston and a jury, at October Term, 1902, of the Superior Court of EdgkecoMBe County. From a judgment for the plaintiff, the defendant appealed.

1Opinion of the CourtClark, C. J.

The complaint alleges that “the defendant negligently allowed and permitted inflammable material to *76be and remain on its right-of-way, and the same so remaining on its said right-of-way on the night of 4 Feb., 1901, said inflammable material was set on fire by sparks falling from one of its engines passing over its said right-of-way, or otherwise, between the hour of ten o’clock p. m. and the hour of four o’clock a. m. of the said night preceding the 5 Feb., 1901, and the said fire so started, spread to the property of the said Hearne Bros. & Co. and the same was burned and destroyed to the…

2Cases cited3 opinions

  1. Blue v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1895
  2. Moore v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
  3. Black v. Aberdeen & West End RailroadSupreme Court of North Carolina · 1894

3Cited by10 opinions

  1. American Fidelity & Casualty Co., Inc. v. All American Bus Lines, IncCourt of Appeals for the Tenth Circuit · 1950
  2. Burgess v. TrevathanSupreme Court of North Carolina · 1952
  3. Cunningham v. RailroadSupreme Court of North Carolina · 1905
  4. John A. Boyd Motor Co. v. ClaffeyIndiana Court of Appeals · 1929
  5. Bowers v. East Tennessee & Western North Carolina RailroadSupreme Court of North Carolina · 1907

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