PHELPS v. CITY OF WINSTON-SALEM

No. 458.

157 S.E.2d 719 (1967)

272 N.C. 24

George A. PHELPS T. A. Phelps and Dan Lawson, d/b/a Phelps Brothers Produce Company, v. The CITY OF WINSTON-SALEM.

Supreme Court of North Carolina.

November 22, 1967.


Attorney(s) appearing for the Case

Hatfield, Allman & Hall, by Roy G. Hall, Jr., Winston-Salem, for plaintiff appellants.

Womble, Carlyle, Sandridge & Rice, by I. E. Carlyle and Allan R. Gitter, Winston-Salem, for defendant appellee.


PLESS, Justice.

Proof of the origin of fires usually presents a difficult, if not impossible, problem. It is extremely rare that direct evidence is available; consequently, as in this case, circumstantial evidence is the only available method in a large majority of actions, either civil or criminal.

The law in such cases is usually found where arson is charged or where railroad engines are alleged to have started...

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