Perry v. Branning Manufacturing Co.
Supreme Court of North Carolina
ActioN tried before Kerr, J., and a jury, at February Term, 1918, of Bertie. Tbe action was brought to recover damages for tbe negligent burning of timber and other property on plaintiff’s land. There was evidence tending to show that the fire was set. out on the land by the defendant and came from the latter’s engine.
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ActioN tried before Kerr, J., and a jury, at February Term, 1918, of Bertie. Tbe action was brought to recover damages for tbe negligent burning of timber and other property on plaintiff’s land. There was evidence tending to show that the fire was set. out on the land by the defendant and came from the latter’s engine. The court charged that if the fire was caused by the defendant’s engine emitting sparks or coals, which fell upon the plaintiff’s land and caused the fire, the burden would be shifted to the defendant to show that the firq was not due to any defective condition of its engine,…
1Opinion of the Court
Walker, J.,
after stating the case: There was ample evidence to show that the fire was caused by the defendant’s engine, and the charge of the court, as to the burden of proof, is fully sustained by numerous cases heretofore decided in this Court. We will cite only a few of them: Knott v. R. R., 142 N. C., 238; Williams v. R. R., 140 N. C., 623;. Whitehurst v. R. R., 146 N. C., 591; Cox v. R. R., 149 N. C., 86; Currie v. R. R., 156 N. C., 419; Aman v. Lumber Co., 160 N. C., 369, and tbe recent case of Meats v. Lumber Co., 172 N. C., 289, where tbe subject .is fully discussed and many…
2Cases cited21 opinions
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Williams v. RailroadSupreme Court of North Carolina · 1906
- Texas & Pacific Railway Co. v. WatsonSupreme Court of the United States · 1903
- Knott v. RailroadSupreme Court of North Carolina · 1906
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- White Ex Rel. White v. HinesSupreme Court of North Carolina · 1921
- Clodfelter v. . WellsSupreme Court of North Carolina · 1938
- Mintz v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1952
- Pickett v. Carolina & Northwestern RailwaySupreme Court of North Carolina · 1931
- Lawrence v. . Power Co.Supreme Court of North Carolina · 1925
8 more not listed; retrieve them via the Exa API.