Exum v. . R. R.

J., dissenting. This action is brought to recover damages for the alleged negligent killing of plaintiff's intestate, Paul Exum. At the conclusion of the evidence a motion to nonsuit was allowed, and plaintiff appealed.

The facts are sufficiently stated in the opinion of the Court by Mr.Justice Brown. The evidence in this case was all introduced by the plaintiff and in its most favorable aspect for him to prove these facts:

The intestate, Paul Exum, was an employee of defendant in its shops at South Rocky Mount, a man of sound mind, about 34 years old and with no bodily infirmity. On the…