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JESSUP v. HIGH POINT, THOMASVILLE & DENTON R. CO.

No. 605.

93 S.E.2d 84 (1956)

244 N.C. 242

Eller JESSUP, Administrator of the Estate of Derrell Lee Jessup, Deceased, v. HIGH POINT, THOMASVILLE and DENTON RAILROAD COMPANY, a corporation.

Supreme Court of North Carolina.

June 6, 1956.

Attorney(s) appearing for the Case

W. B. Byerly, Jr., Rufus K. Hayworth, Jr., High Point, for plaintiff, appellant.

James B. Lovelace, High Point, for defendant, appellee.

HIGGINS, Justice.

The defendant admitted in the answer that on infrequent occasions boys had boarded and ridden its freight cars in its yard in the City of High Point. Coupled with the admission, however, and as a part of it, is the averment that in boarding the cars the boys did so at a distance from the stations occupied by the train crew, thereby eluding efforts to apprehend them.

The evidence introduced by the...

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