SOUTHERN RY. CO. v. JEFFCO FIBRES, INC.

No. 7819SC704.

255 S.E.2d 749 (1979)

41 N.C. App. 694

SOUTHERN RAILWAY COMPANY v. JEFFCO FIBRES, INC.

Court of Appeals of North Carolina.

June 19, 1979.


Attorney(s) appearing for the Case

Hartsell, Hartsell & Mills by William L. Mills, Jr., Concord, for plaintiff-appellee.

Hedrick, Parham, Helms, Kellam & Feerick by Richard T. Feerick and Edward L. Eatman, Jr., Charlotte, for defendant-appellant.


CLARK, Judge.

Defendant contends that, pursuant to the lease agreement, defendant is not liable for damages to the freight depot caused by fire, unless the loss occurred "by reason of, or arises out of or is incidental to the use or occupancy of the property." Defendant contends that the court erred in denying defendant's motion for a directed verdict since plaintiff's evidence failed to establish that the loss was so caused.

A motion for directed verdict...

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