Legal Opinion

Snow v. Duke Power Co.

Court of Appeals of North Carolina

Decided January 2, 1979No. 7817SC67PublishedCited by 1 opinion

1Opinion of the Court

CLARK, Judge.

Defendant contends that the plaintiffs presented insufficient evidence of causation and of defendant’s negligence to submit the issue to the jury.

Ordinarily, there is no direct evidence of the cause of a fire, and therefore, causation must be established by circumstantial evidence. See, Stone v. Texas Co., 180 N.C. 546, 105 S.E. 425 (1920). “The cause of the fire is not required to be shown by direct and positive proof. ... It may ... be inferred from circumstances. ... It is true that there must be a causal connection between the fire and its supposed origin, but this may be…

2Cases cited20 opinions

  1. Springs v. . DollSupreme Court of North Carolina · 1929
  2. Smith v. Gulf Oil Corp.Supreme Court of North Carolina · 1954
  3. Downs v. Longfellow CorporationSupreme Court of Oklahoma · 1960
  4. Kekelis v. Whitin MacHine WorksSupreme Court of North Carolina · 1968
  5. Stone v. Texas Co.Supreme Court of North Carolina · 1920

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3Cited by1 opinion

  1. Marrero v. Albany InsuranceSupreme Court of Puerto Rico · 1989

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