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KEITH v. NORFOLK SOUTHERN RAILWAY COMPANY

No. 7010SC343.

175 S.E.2d 778 (1970)

Gorman Z. KEITH v. NORFOLK SOUTHERN RAILWAY COMPANY.

Court of Appeals of North Carolina.

August 5, 1970.

Attorney(s) appearing for the Case

R. Mayne Albright, Raleigh, for plaintiff appellee.

R. N. Simms, Jr., Raleigh, for defendant appellant.

VAUGHN, Judge.

The defendant brings forward but one exception and assignment of error. It contends that error was committed in the court's failure to grant its motion for nonsuit. The defendant contends that the negligence of the plaintiff was the sole proximate cause of his injury and that the defendant was without negligence contributing to the injury. We disagree.

The Federal Employers' Liability Act, as set...

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