McRainey v. Virginia & Carolina Southern Railway Co.
Supreme Court of North Carolina
Appeal by plaintiff from Coolce, J., at October Term, 1914, of Robe-SON. Action to recover damages for loss by fire, tbe plaintiff alleging that the fire escaped from the engine of the defendant and ignited combustible matter on its right of way and then passed to his lands, causing him damage. This was denied by the defendant. At the conclusion of the evidence his Honor entered a judgment of nonsuit, and the plaintiff excepted and appealed.
1Opinion of the CourtAlleN, J.
In actions against railroad companies to recover damages caused by fire the plaintiff makes out a prima facie case which entitles him to have the issue of negligence submitted to the jury upon offering-evidence tending to prove that the fire which caused him damage originated from the engine of the defendant (Hardy v. Lumber Co., 160 N. C., 116), and therefore the only question presented by this appeal is whether there is any evidence that the fire of which the plaintiff complains originated from the defendant’s engine and passed to his land, causing him damage..
"We have no power to pass upon…
2Cases cited2 opinions
- Deppe v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1910
- Hardy v. Hines Bros. LumberSupreme Court of North Carolina · 1912
3Cited by17 opinions
- Nashville Railway & Light Co. v. HarrisonCourt of Appeals of Tennessee · 1927
- Stone v. Texas Co.Supreme Court of North Carolina · 1920
- Nowell v. BasnightSupreme Court of North Carolina · 1923
- Stone v. . Texas Co.Supreme Court of North Carolina · 1920
- Merriman v. Coca Cola Bottling Co.Court of Appeals of Tennessee · 1933
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