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HILL v. ATLANTIC COAST LINE R. CO.

No. 93.

57 S.E.2d 781 (1950)

231 N.C. 499

HILL v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

March 1, 1950.

Attorney(s) appearing for the Case

Cooley & May, Nashville, and Battle, Winslow, & Merrell, Rocky Mount, for plaintiff, appellee.

M. V. Barnhill, Jr., Wilmington, and F. S. Spruill, Rocky Mount, for defendant, appellant.

DEVIN, Justice.

This case was here at Fall Term, 1948, on the appeal of the plaintiff from a judgment of nonsuit and is reported in 229 N.C. 236, 49 S.E.2d 481, 482, where the material facts are stated. On the former appeal we affirmed, on the ground that the record was wanting in evidence of actionable negligence. The ratio decidendi was stated in the opinion of this Court as follows: "Upon the evidence presented, as it appears of record, the judgment of nonsuit...

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