Snow Lumber Co. v. Atlantic Coast Line Railroad
Supreme Court of North Carolina
Appeal from W. B. Allan, J., May Term, 1909, of Sajvípson. Tbe plaintiff sued to recover tbe value of a large amount of lumber wliicb was alleged to bave been destroyed by fire negligently communicated to it by an engine operated by tbe defendant on its branch line between Clinton and Warsaw, N. C. Tbe defendant denied tbe negligent acts alleged against it. Tbe particular negligence of tbe defendant alleged was tbe defective condition of tbe spark arrester on its engine.
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Appeal from W. B. Allan, J., May Term, 1909, of Sajvípson. Tbe plaintiff sued to recover tbe value of a large amount of lumber wliicb was alleged to bave been destroyed by fire negligently communicated to it by an engine operated by tbe defendant on its branch line between Clinton and Warsaw, N. C. Tbe defendant denied tbe negligent acts alleged against it. Tbe particular negligence of tbe defendant alleged was tbe defective condition of tbe spark arrester on its engine. Tbe following issues were submitted by bis Honor and were answered as set out: 1. “Did tbe defendant set fire to and burn…
1Opinion of the CourtManning, J.
Tbe amount of lumber destroyed by tbe fire was nearly 700,000 feet. Tbe plaintiff bad manufactured it for market and bad sold it, and its value at tbe place and time of destruction was $14.40 per 1,000 feet. Tbe only seriously controverted question at the trial was whether tbe defendant’s engine was tbe cause of tbe fire. There was upon this question much evidence, both for and against, and it presented simply a question of fact for tbe jury. It has been found adversely to tbe defendant; its determination was doubtful; the jury were tbe sole judges of tbe credibility of tbe witnesses, tbe…
2Cases cited19 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Marks v. Cotton Mills.Supreme Court of North Carolina · 1904
- Britt v. Carolina Northern RailroadSupreme Court of North Carolina · 1908
- Wilkinson v. . DunbarSupreme Court of North Carolina · 1908
- Summerlin v. Carolina & North-Western RailroadSupreme Court of North Carolina · 1903
14 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Summerlin v. . R. R.Supreme Court of North Carolina · 1903
- Harper v. Town of LenoirSupreme Court of North Carolina · 1910
- Boney v. . R. R.Supreme Court of North Carolina · 1911
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1911
- Marshall v. . Telephone Co.Supreme Court of North Carolina · 1921
7 more not listed; retrieve them via the Exa API.