Supreme Court of North Carolina March 22, 1911 (Maguire v. S. A. L. Railroad)

Brown, J.

The plaintiff alleges that the right of way of defendant was in a very foul condition, and that on a certain day in December, 1909, the defendant negligently and carelessly communicated fire to its right of way, which spread to and burned plaintiff’s lands.

The assignments of error present the question as to the sufficiency of the evidence upon the first issue.