Simmons v. John L. Roper Lumber Co.
Supreme Court of North Carolina
Civil actiow for damages, tried before Lyon, J., and a inry, at April Term, 1917, of Owslow, This action was brought to recover damages for burning plaintiffs’ woods, which they contend was caused by the defendant’s negligence.
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Civil actiow for damages, tried before Lyon, J., and a inry, at April Term, 1917, of Owslow, This action was brought to recover damages for burning plaintiffs’ woods, which they contend was caused by the defendant’s negligence. The court, in the charge, states concisely the principal facts upon which the plaintiffs claim the right to recover.- It is alleged by plaintiffs “that about 1 -May, 1914, while the defendant Roper Lumber Company was in possession of certain land, and cutting the timber, building tramroads for the purpose of getting the timber out, hauling logs to load, that they…
1Opinion of the Court
Walker, J.,
after stating the case: Tbe first question is, whether there was sufficient evidence, in law, to support the verdict, or, in other words, was there any evidence that the defendant, by its servants, negli.gently burned the timber on plaintiffs’ land ?
After a most careful review of the testimony, we think that the ease was properly submitted to the jury upon the question of negligence, and that the evidence was sufficient to support the verdict. It was said in Deppe v. R. R. Co., 152 N. C., 79, 81: “Tbe defendant contends that no witness testified that be saw sparks emitted by the…
2Cases cited22 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Nash v. TowneSupreme Court of the United States · 1867
- Casement v. BrownSupreme Court of the United States · 1893
- Philadelphia, Wilmington, & Baltimore Railroad v. Philadelphia & Havre De Grace Steam Towboat Co.Supreme Court of the United States · 1860
- Aycock v. Raleigh & Augusta Air-Line RailroadSupreme Court of North Carolina · 1883
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- Greer v. . Construction Co.Supreme Court of North Carolina · 1925
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