Harper v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal by defendant from Garter, J., at August Term, 1912, of DUPLIN. Civil action. These issues were submitted: 1. Did tbe defendant company wrongfully and negligently burn tbe property of tbe plaintiff, as alleged in tbe complaint? Answer: Yes. 2. What damages, if any, is plaintiff entitled to recover? Answer: $450, with interest from 5 April, 1909. Tbe defendant appealed.
1Opinion of the CourtBrown, J.
Tbe only error assigned is to tbe following charge: “You may, in your discretion, allow interest upon any damages awarded to tbe plaintiff from tbe date of tbe fire or from any intervening date, in your discretion. It is not recoverable as a matter of right, and rests in tbe sound discretion of tbe jury.”
Damages recovered for a tort do not as a matter of law bear interest until after judgment, but when tbe tort consists solely in tbe destruction of property, and not in personal injuries, ibis Court has held that tbe jury may in their discretion give interest on tbe value of tbe property…
2Cases cited3 opinions
- Lance v. Butler.Supreme Court of North Carolina · 1904
- Williams v. Crosby Lumber Co.Supreme Court of North Carolina · 1896
- Stephens v. . KoonceSupreme Court of North Carolina · 1889
3Cited by9 opinions
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1951
- Chatham v. Mecklenburg Realty Co.Supreme Court of North Carolina · 1917
- Hoke v. . WhisnantSupreme Court of North Carolina · 1917
- Sears, Roebuck Co. v. . Banking Co.Supreme Court of North Carolina · 1926
- Sears, Roebuck & Co. v. Rouse Banking Co.Supreme Court of North Carolina · 1926
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