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OWENS v. NORFOLK AND WESTERN RAILWAY COMPANY

No. 386.

128 S.E.2d 4 (1962)

258 N.C. 92

Olin Odell OWENS v. NORFOLK AND WESTERN RAILWAY COMPANY, Inc. Marion Jean OWENS v. NORFOLK AND WESTERN RAILWAY COMPANY, Inc.

Supreme Court of North Carolina.

November 7, 1962.

Attorney(s) appearing for the Case

Oliver T. Denning and Richard C. Erwin, Sr., Winston-Salem, for plaintiffs-appellants.

Craige, Brawley, Lucas & Hendrix and Hamilton C. Horton, Jr., Winston-Salem, for defendant-appellee.

PER CURIAM.

Plaintiffs' sole assignments of error are the allowance of defendant's motions for judgment of involuntary nonsuit.

Plaintiffs' evidence tends to show the following facts: The actions arose out of an automobile-train collision, which occurred about 9:00 o'clock p. m. on Sunday, 11 September 1960 at a grade crossing on South Main Street, in the city of Winston-Salem. U. S. Highway #52 and State Highway #8 merge into South Main Street, and this is...

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