Blue v. Aberdeen & West End Railroad
Supreme Court of North Carolina
AotioN for damages caused by the alleged negligence of the defendant in allowing fire to escape from its engine and destroying the plaintiff’s property, tried before Brown, I, and a jury, at August Term, 1894, of Moore Superior Court.
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AotioN for damages caused by the alleged negligence of the defendant in allowing fire to escape from its engine and destroying the plaintiff’s property, tried before Brown, I, and a jury, at August Term, 1894, of Moore Superior Court. The issues submitted to the jury and the responses were as follows: “1. Did defendant by reason of his negligence cause the property of plaintiff to be burned as alleged? ‘No.’ “2. If so, what damage has plaintiff sustained?” (Not answered.) The Court charged the jury as follows : Upon first issue Court charged : It is admitted by the plaintiff that the engine…
1Opinion of the Court
MONTGOMERY, J.:
The plaintiff, in his complaint, claims damages against the defendant for negligently permitting fire to be communicated from its engines or property to the lands adjoining its railroad and right of way, by which said fire and the spread and the extension thereof the plaintiff’s property was destroyed and damaged. It appears from the case on appeal that the plaintiff admitted on the trial that the engine of the defendant company was in good condition and had a proper spark arrester; and that the only claim of negligence made by the plaintiff was upon the ground of rubbish on…
2Cases cited1 opinion
- Emery v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1889
3Cited by7 opinions
- Tillett v. Norfolk & Western R. R.Supreme Court of North Carolina · 1896
- Tankard v. Roanoke Railroad & Lumber Co.Supreme Court of North Carolina · 1895
- Williams v. Southern Railway Co.Supreme Court of North Carolina · 1896
- Little v. Carolina Central RailroadSupreme Court of North Carolina · 1896
- Purcell v. . R. R.Supreme Court of North Carolina · 1896
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