# Harper v. Atlantic Coast Line Railroad

> Supreme Court of North Carolina · March 12, 1913 · 161 N.C. 451

URL: https://www.frixlaw.com/law-library/cases/3658621

## Case

- **Full name:** Blaney Harper v. Atlantic Coast Line Railroad Company.
- **Court:** Supreme Court of North Carolina
- **Decided:** March 12, 1913
- **Citations:** 161 N.C. 451; 77 S.E. 415; 1913 N.C. LEXIS 253
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Brown
- **Judges:** Brown
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3658621

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3658621. Public record. Not legal advice.