STEVENS v. SOUTHERN RY. CO.

No. 245.

75 S.E.2d 232 (1953)

237 N.C. 412

STEVENS v. SOUTHERN RY. CO. et al.

Supreme Court of North Carolina.

March 25, 1953.


Attorney(s) appearing for the Case

J. Faison Thomson & Son, N. W. Outlaw, Goldsboro, for plaintiff appellant.

Taylor & Allen, Lindsay C. Warren, Jr., Goldsboro, and W. T. Joyner, Raleigh, for defendant Southern Ry. Co. appellee.


WINBORNE, Justice.

The pivotal question before this Court challenges the ruling of the trial court in granting motion for judgment as of nonsuit at the close of plaintiff's evidence. If it be conceded that there is sufficient evidence to take the case to the jury on the issue as to negligence of defendant, in any of the respects alleged, the evidence indicates clearly and inescapably that plaintiff was negligent and that his negligence was at least a contributing...

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