TREADWAY v. CLINCHFIELD RAILROAD CO.

No. 8128SC63.

281 S.E.2d 707 (1981)

Robert Ernest TREADWAY v. The CLINCHFIELD RAILROAD COMPANY.

Court of Appeals of North Carolina.

September 15, 1981.


Attorney(s) appearing for the Case

Barnes, Wadford & Carter, P.A. by Steven Kropelnicki, Jr., Asheville, for plaintiff-appellant.

Dameron & Burgin by E. P. Dameron, Marion, for defendant-appellee.


WELLS, Judge.

The question to be decided in this appeal is whether, at the summary judgment stage, plaintiff's forecast of evidence available to him was sufficient to establish defendant's negligence. Under the Federal Employers Liability Act (FELA),1 plaintiff need only show that his injury resulted "in whole or in part from the negligence of any of the officers, agents, or employees" of defendant. While the jurisdiction of the

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