NEAL v. BOOTH

No. 16.

214 S.E.2d 36 (1975)

287 N.C. 237

Edna H. NEAL, Administratrix of the Estate of Jerry Augustus Neal v. N. C. BOOTH and Seaboard Coast Line Railroad Company.

Supreme Court of North Carolina.

May 6, 1975.


Attorney(s) appearing for the Case

Mast, Tew & Nall, George B. Mast, Joseph T. Nall and W. R. Britt, Smithfield, for plaintiff appellant.

Maupin, Taylor & Ellis by Richard C. Titus, Raleigh, for defendant appellees.


SHARP, Chief Justice:

The Court of Appeals correctly held that plaintiff's evidence in this case is sufficient to establish prima facie that the negligence of defendants was a proximate cause of intestate's death. Thus, this appeal presents only the question whether the Court of Appeals erred in holding that plaintiff's evidence also established her intestate's contributory negligence as a matter of law. Defendant's motion for a directed verdict on the ground of intestate...

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