Raleigh Hosiery Co. v. Raleigh & Gaston Railroad
Supreme Court of North Carolina
ActioN by the Raleigh Hosiery Company against the Raleigh and Gaston and Seaboard Air Line Railroad Companies, heard by Judge O. S. Allen and a jury, at April Term, 1902, of the Superior Court of Wake County. Erom a judgment for the defendants, the plaintiff appealed.
1Opinion of the Court
Douglas,, J.
This was an action originally brought by the hosiery company to recover damages for losses by fire, alleged to have occurred through the negligence of the defen dants. Upon their own motion, the insurance companies were made parties-plaintiff for the purpose of participating in the recovery to the extent to which they may have paid the losses. The determination of this appeal practically depends upon a single point: whether the presumption of negligence arises from the fact, found or admitted, that the defendant’s engine s'et fire to the property. This point is directly decided in…
2Cases cited7 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Ellis v. Portsmouth & Roanoke Rail RoadSupreme Court of North Carolina · 1841
- Mitchell v. Carolina Central RailroadSupreme Court of North Carolina · 1899
- Lawton v. . GilesSupreme Court of North Carolina · 1884
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3Cited by16 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Hinkle v. . R. R.Supreme Court of North Carolina · 1900
- Everett v. RailroadSupreme Court of North Carolina · 1905
- Hardy v. . Lumber Co.Supreme Court of North Carolina · 1912
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