Williams v. Camp Manufacturing Co.
Supreme Court of North Carolina
Action tried before Guión, J., and a jury at January Term, 1919, of Duplin. Plaintiffs sued for damage wliicb tbey alleged was caused by defendant’s negligence in burning tbeir timber. It appears that the defendant was operating a locomotive engine on its railway about sixty-five or seventy yards from the place where the fire started, which was on the edge of a branch.
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Action tried before Guión, J., and a jury at January Term, 1919, of Duplin. Plaintiffs sued for damage wliicb tbey alleged was caused by defendant’s negligence in burning tbeir timber. It appears that the defendant was operating a locomotive engine on its railway about sixty-five or seventy yards from the place where the fire started, which was on the edge of a branch. The engine was pushing back twenty or twenty-five empty log-cars to Harvell switch, and the smoke from the fire was first discovered about forty-five minutes or one hour after the engine had passed the point on the railway…
1Opinion of the Court
Walker, J.,
after stating the case: The court charged the jury, among other things, as follows: “You have the right to consider, in passing upon the evidence that has been offered to you, in order to show you that this engine was the origin of the fire, the fact that there was no fire at that place when the engine passed; that the wind was blowing in the direction of the place at which the fire occurred, if you find those facts from the evidence and if you do so find, then the law presumes or makes what is known as a prima facie case, entitling Mr. Williams to ask at your hands your answer to…
2Cases cited17 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Byrd v. Express Co.Supreme Court of North Carolina · 1905
- Wittkowsky v. WassonSupreme Court of North Carolina · 1874
- Kornegay v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Cox v. Aberdeen & Asheboro R. R. Co.Supreme Court of North Carolina · 1908
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Stewart v. . Carpet Co.Supreme Court of North Carolina · 1905
- Hancock v. . SouthgateSupreme Court of North Carolina · 1923
- Page v. . Mfg. Co.Supreme Court of North Carolina · 1920
- Craft v. . Timber Co.Supreme Court of North Carolina · 1903
10 more not listed; retrieve them via the Exa API.