SOUTHERN RAILWAY COMPANY v. WOLTZ

No. 193.

140 S.E.2d 738 (1965)

264 N.C. 58

SOUTHERN RAILWAY COMPANY v. C. B. WOLTZ, Administrator de bonis non of the Estate of William S. Matthews, Deceased.

Supreme Court of North Carolina.

March 17, 1965.


Attorney(s) appearing for the Case

W. T. Joyner, Raleigh, George B. Mason, Mullen, Holland & Harrell, by James M. Mullen, Gastonia, for plaintiff appellant-appellee.

Davis & White, by James R. Davis, Kings Mountain, Whitener & Mitchem, by Basil L. Whitener, Wade W. Mitchem, Gastonia, for defendant appellant-appellee.


HIGGINS, Justice.

The appeal requires the Court to determine whether on the plaintiff's appeal the evidence, in the light most favorable to the railroad, ignoring evidence contra, was sufficient to permit a legitimate inference the collision resulted from the negligence of Dr. Matthews; and on the defendant's appeal, whether the evidence in the light most favorable to the defendant, ignoring evidence contra, was sufficient to permit a legitimate inference...

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