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CAUDLE v. SOUTHERN RAILWAY COMPANY

No. 739.

88 S.E.2d 138 (1955)

242 N.C. 466

Henry D. CAUDLE, Administrator of the Estate of Henry Gerald Caudle v. SOUTHERN RAILWAY COMPANY.

Supreme Court of North Carolina.

June 30, 1955.

Attorney(s) appearing for the Case

W. T. Joyner, Raleigh, and Womble, Carlyle, Martin & Sandridge, Winston-Salem, for defendant, appellant.

Elledge & Johnson, Winston-Salem, for plaintiff, appellee.

BOBBITT, Justice.

A majority of this Court is of opinion that the evidence offered by plaintiff was sufficient, when considered in the light most favorable to him, to require submission of the case to the jury. Hence, the assignment of error directed to the denial of defendant's motion for judgment of nonsuit is overruled. Since a new trial is awarded for reasons stated below, we refrain from a discussion of the evidence...

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