TOWNSEND v. NORFOLK & S. RY. CO.

No. 7725SC315.

241 S.E.2d 859 (1978)

Thomas Edwin TOWNSEND v. NORFOLK AND SOUTHERN RAILWAY COMPANY, successor corporation to Carolina and Northwestern Railway, and John Reid.

Court of Appeals of North Carolina.

March 7, 1978.


Attorney(s) appearing for the Case

Wilson & Palmer by Hugh M. Wilson, Lenoir, for plaintiff-appellee.

Patrick, Harper & Dixon by Bailey Patrick and F. Gwyn Harper, Jr., Hickory, Joyner & Howison by W. T. Joyner and Henry S. Manning, Jr., Raleigh, for defendants-appellants.


HEDRICK, Judge.

The defendants assign as error the denials of their timely motions for directed verdict and judgment notwithstanding the verdict. Defendants argue that the evidence establishes the contributory negligence of the plaintiff as a matter of law. In considering these assignments of error we note that the jury found the defendants negligent and this finding is not challenged by the defendants. Thus, the only question for determination with respect to these...

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