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THOMPSON v. SEABOARD AIR LINE RAILROAD COMPANY

No. 463.

104 S.E.2d 181 (1958)

248 N.C. 577

Bryant N. THOMPSON and wife, Mae M. Thompson, v. SEABOARD AIR LINE RAILROAD COMPANY.

Supreme Court of North Carolina.

June 30, 1958.

Attorney(s) appearing for the Case

Douglass & McMillan, Raleigh, and Jones & Jones, Rockingham, for plaintiff appellees.

Bynum & Bynum, Rockingham, and Varser, McIntyre, Henry & Hedgepeth, Lumberton, for defendant appellant.

RODMAN, Justice.

While defendant brings forward 130 assignments of error, we think the basic question involved is presented by three of these assignments: (1) Permitting the amendment to the complaint after the presentation of the evidence; (2) the motion to nonsuit; and (3) the court's instruction to the jury to answer the first issue in the affirmative.

A trial court may permit a pleading to be amended at any...

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