Opinion

Harper v. Atlantic Coast Line Railroad

  • 161 N.C. 451
  • 77 S.E. 415
  • 1913 N.C. LEXIS 253
Court
Supreme Court of North Carolina
Filed
Mar 12, 1913
Status
Published
Author
Brown
On the bench
Brown
Cited by
9 cases
Authority
More cited than 84.1%

The opinion

*452

BROWN, J.

Tbe only error assigned is to tbe following charge: “You may, in your discretion, allow interest upon any damages awarded to tbe plaintiff from tbe date of tbe fire or from any intervening date, in your discretion. It is not recoverable as a matter of right, and rests in tbe sound discretion of tbe jury.”

Damages recovered for a tort do not as a matter of law bear interest until after judgment, but when tbe tort consists solely in tbe destruction of property, and not in personal injuries, ibis Court has held that tbe jury may in their discretion give interest on tbe value of tbe property destroyed from tbe date of its destruction, in addition to tbe actual value of tbe property.

Rippey v. Miller,

46 N. C., 480 ;

Guano Co. v. Magee,

86 N. C., 351 ;

Williams v. Lumber Co.,

118 N. C., 928 ;

Lane v. Butler,

135 N. C., 419 ;

Stephenson v. Koonce,

103 N. C., 266 ;

Wilson v. Troy,

18 L. R. A., 449, and notes.

No error.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.