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OSBORNE v. NORFOLK & W. RY. CO.

No. 743.

63 S.E.2d 147 (1951)

233 N.C. 215

OSBORNE v. NORFOLK & W. RY. CO.

Supreme Court of North Carolina.

February 2, 1951.

Attorney(s) appearing for the Case

Higgins & McMichael, Winston-Salem, and Bowie & Bowie, West Jefferson, for plaintiff, appellant.

Craige & Craige, Winston-Salem, and Johnston & Johnston, Jefferson, for defendant, appellee.

ERVIN, Justice.

Inasmuch as he entered upon the railroad track of the defendant without license, invitation, or other right, the intestate occupied the status of a trespasser at the time of his fatal injury. 44 Am.Jur., Railroads, section 424; 52 C.J., Railroads, section 2105. Under the evidence, he was clearly guilty of contributory negligence which will preclude his administrator from recovering damages from the defendant for his death unless the facts warrant the...

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