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BEAMAN v. SOUTHERN RY. CO.

No. 170.

78 S.E.2d 182 (1953)

238 N.C. 418

BEAMAN v. SOUTHERN RY. CO. et al.

Supreme Court of North Carolina.

October 21, 1953.

Attorney(s) appearing for the Case

Paul J. Story, Marion, and Edwin S. Hartshorn, Asheville, for plaintiff appellant.

W. T. Joyner, Raleigh, and Proctor & Dameron, Marion, for defendant appellees.

BARNHILL, Justice.

That the testimony offered by plaintiff, considered in the light most favorable to him, discloses negligence on the part of defendant may be conceded. If the judgment of nonsuit is to be sustained, it must be sustained for the reason plaintiff was guilty of contributory negligence as a matter of law.

On this phase of the case we must admit that this appeal presents a close question. It is a borderline...

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