GRAHAM v. ATLANTIC COAST LINE R. CO.

No. 671.

82 S.E.2d 346 (1954)

240 N.C. 338

GRAHAM v. ATLANTIC COAST LINE R. CO.

Supreme Court of North Carolina.

June 4, 1954.


Attorney(s) appearing for the Case

Clark & Clark and Nance & Barrington, Fayetteville, for plaintiff, appellee.

Shepard & Wood, Smithfield, and Rose & Sanford, Fayetteville, for defendant, appellant.


BOBBITT, Justice.

The complaint discloses that Graham was chief maintenance man for a section of defendant's signal system along its main line; further, that while engaged in the performance of his duty, he was struck and killed on the main line by the train known as the Bennettsville freight. While these hints that Graham and the defendant were engaged in interstate commerce are discoverable, no allegations to this effect are included in the complaint. Nor is there...

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