BAKER v. ATLANTIC COAST LINE R. CO.

No. 235.

61 S.E.2d 621 (1950)

232 N.C. 523

BAKER v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

November 1, 1950.


Attorney(s) appearing for the Case

C. G. Grady, Four Oaks, Levinson & Batton, Smithfield, for plaintiff appellant.

Abell, Shepard & Wood, Smithfield, Frank G. Kurka, M. V. Barnhill, Jr., Wilmington, for defendant appellee.


WINBORNE, Justice.

This appeal challenges only the judgment as of nonsuit entered in the trial court. As to this, the evidence shown in the case on appeal taken in the light most favorable to plaintiff, as is done in such case, fails to make out a case of actionable negligence,—indeed fails to show any negligence on the part of defendant. Murray v. Atlantic Coast Line R. Co., 218 N.C. 392, 11 S.E.2d 326, and cases there cited.

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