Coltrain Ex Rel. Coltrain v. Atlantic Coast Line Railroad

The Atlantic Coast Line Eailroad Company, defendant, states the questions involved as follows: “(1) Is the plaintiff as a matter of law guilty of contributory negligence barring recovery? (2) Is there error in the charge?” We think both questions must be answered against the defendants.

At the close of plaintiff’s evidence and at the conclusion of all the evidence, the defendants made motions in the court below for judgment as in case of nonsuit. C. S., 567. The court below overruled these motions and in this we can see no error.

It is the settled rule of practice and the accepted position in…