Jenkins v. Helgren
Court of Appeals of North Carolina
Appeal by original defendants from Clark, Judge. Judgment entered 16 September 1974 in Superior Court, Robeson County. Heard in the Court of Appeals 15 April 1975. On 19 May 1969 a fire in the home of Mr. and Mrs. Jenkins caused extensive damage to the house and its contents.
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Appeal by original defendants from Clark, Judge. Judgment entered 16 September 1974 in Superior Court, Robeson County. Heard in the Court of Appeals 15 April 1975. On 19 May 1969 a fire in the home of Mr. and Mrs. Jenkins caused extensive damage to the house and its contents. The Jenkinses, as original plaintiffs, brought this action to recover damages against the original defendants, alleging that the fire was caused by original defendants’ negligence while installing insulation in the air return duct connected to the furnace in plaintiffs’ residence. Great American Insurance Company, which…
1Opinion of the Court
PARKER, Judge.
Appellants contend that their motions for a directed verdict as to plaintiffs’ claim against them should have been allowed because the evidence did not show the source of the spark which ignited the fumes. The evidence suggested, but fell short of clearly establishing, a number of possible sources. For example, the furnace with which the air return duct was connected was a gas fired furnace which had a pilot light of the type which stayed on continually, and although Liles testified that prior to commencing work in the air return duct he cut off the gas valve leading to the…
2Cases cited3 opinions
- Shelton v. Southern Railway Co.Supreme Court of North Carolina · 1927
- Lawrence v. . Power Co.Supreme Court of North Carolina · 1925
- Ashley v. JonesSupreme Court of North Carolina · 1957
3Cited by4 opinions
- Morgan v. Cavalier Acquisition Corp.Court of Appeals of North Carolina · 1993
- Smith v. Selco Products, Inc.Court of Appeals of North Carolina · 1989
- McClain v. Otis Elevator Co., Inc.Court of Appeals of North Carolina · 1992
- The Estate of Nathan Richard Coppick v. Hobbs Marina Properties, LLCCourt of Appeals of North Carolina · 2015