Wyatt v. Seaboard Air Line Railway Co.
Supreme Court of North Carolina
Appeal from Whe&bee, J., at April Term, 1911, of "Wake. This action, is to recover damages for the negligent destruction of property of the plaintiff by fire.
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Appeal from Whe&bee, J., at April Term, 1911, of "Wake. This action, is to recover damages for the negligent destruction of property of the plaintiff by fire. The allegation of negligence is as follows: “That on 11 April, 1910, the employees and agents of the defendant, in operating and running an engine over said railway near the premises of the plaintiff above described, negligently and carelessly permitted said engine to emit sparks and coals of fire therefrom, which fell on plaintiff’s property above described and set fire thereto and burned up and destroyed the. same, to his damage in…
1Opinion of the Court
AlleN, J.,
after stating the case: The uniform rule, prevailing under our present system, is that the allegations of a pleading shall be liberally construed with a view to substantial justice between the parties, and that every reasonable intendment is made in favor of the pleader. Brewer v. Wynne, 154 N. C., 472.
The just application of this rule tends to the trial of cases upon their merits, and we would not be justified in relaxing it in a ease like this, where there has been a trial before a jury, and both parties have had full opportunity to present their evidence.
It would require a very…
2Cases cited15 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Brewer v. . WynneSupreme Court of North Carolina · 1911
- Chicago, St. Louis & Pittsburgh Railway Co. v. BurgerIndiana Supreme Court · 1890
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. JonesIndiana Supreme Court · 1882
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
10 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Chaffin v. BrameSupreme Court of North Carolina · 1951
- Keener v. BealSupreme Court of North Carolina · 1957
- Cox v. Hennis Freight LinesSupreme Court of North Carolina · 1952
- State Highway & Public Works Commission v. HartleySupreme Court of North Carolina · 1940
- Jeffress v. Norfolk Southern RailroadSupreme Court of North Carolina · 1912
19 more not listed; retrieve them via the Exa API.