GAINEY v. ROCKINGHAM R. CO.

No. 606.

68 S.E.2d 780 (1952)

235 N.C. 114

GAINEY et ux. v. ROCKINGHAM R. CO.

Supreme Court of North Carolina.

February 1, 1952.


Attorney(s) appearing for the Case

Jones & Jones, Rockingham, for plaintiffs appellees.

Bynum & Bynum, Rockingham, and Mc-Lean & Stacy, Lumberton, for defendant appellant.


VALENTINE, Justice.

This appeal challenges the correctness of the court's action in overruling defendant's demurrer to the evidence and motion for judgment as of nonsuit.

Plaintiffs' evidence was abundantly sufficient to raise the reasonable inference that defendant had negligently allowed combustible material to gather and remain in large quantities on its right of way near its track in the vicinity of plaintiffs' property and that this inflammable material...

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