JOHNSON v. SOUTHERN RAILWAY COMPANY

No. 26.

127 S.E.2d 521 (1962)

257 N.C. 712

William V. JOHNSON v. SOUTHERN RAILWAY COMPANY and Atlantic Coast Line Railroad Company.

Supreme Court of North Carolina.

October 10, 1962.


Attorney(s) appearing for the Case

Phil P. Godwin, Gatesville, John H. Hall, Elizabeth City, and Thos. L. Woodward, Suffolk Va., for plaintiff, appellant.

Joyner & Howison and Walton K. Joyner, Raleigh, for defendant, Southern Railway Company, appellee.

Rodman & Rodman, Washington, and Godwin & Godwin, Gatesville, for defendant, Atlantic Coast Line Railroad Company, appellee.


MOORE, Justice.

This is the second appeal we have heard in this cause. In the first trial of this case in the Superior Court of Gates County, at the March Term 1961, judgment of nonsuit was entered at the close of plaintiff's evidence. Plaintiff's appeal was heard at our Fall Term 1961, and we were of the opinion that the evidence made out a prima facie case of actionable negligence on the part of the defendants, and the issue of contributory negligence was...

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