Burnett v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
ActioN by Alexander Burnett, administrator, against the Atlantic Coast Line Railway Company, heard by Judge Oliver II. Allen, at October Term, 1902, of the Superior Court of Cumberland County. From the sustaining of a demurrer to the complaint the plaintiff appealed.
1Opinion of the CourtMontgomery, J.
This action was heard on the complaint and the demurrer thereto. The plaintiff alleged that his intestate had been fatally burned in her effort to extinguish a fire set upon the premises through the negligence of the defendant. In the third allegation of the complaint the plaintiff, after describing the nature of the fire and the threatened danger to her home and property, declared that she attempted to put out the fire, as it was her duty to do. The demurrer of course admitted that under the facts set out in the complaint it was her duty to attempt the extinguishment of the fire. That being…
2Cited by4 opinions
- Pegram v. RailroadSupreme Court of North Carolina · 1905
- Moore v. Beard-Laney, Inc.Supreme Court of North Carolina · 1965
- McKay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- Schmartz v. HargerConnecticut Superior Court · 1961