WOODALL v. ATLANTIC COAST LINE R. CO.

No. 243.

73 S.E.2d 305 (1952)

236 N.C. 548

WOODALL v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

November 26, 1952.


Attorney(s) appearing for the Case

E. A. Parker, Benson, and Jane A. Parker, Smithfield, for plaintiff, appellant.

Shepard & Wood, Smithfield, for defendant, appellee.


JOHNSON, Justice.

This case involves no new question requiring extended discussion. Conceding, without deciding, that the evidence offered below made out a prima facie case of actionable negligence against the defendant, even so, it is manifest, as the only reasonable inference deducible from the plaintiff's evidence, that the intestate, in driving his car on the northbound track immediately behind a passing train, without in any way trying to ascertain whether...

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