Harper v. Atlantic Coast Line Railroad

77 S.E. 415, 161 N.C. 451, 1913 N.C. LEXIS 253

• Court: Supreme Court of North Carolina
• Decided: March 12, 1913
• Status: Published

Opinion

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.