Neal v. . R. R.

CLARK and DOUGLAS, JJ., dissent. The intestate was run over by defendant's train and killed while walking along on the railroad track in Charlotte. The defendant denied negligence, and pleaded contributory negligence. At the close of plaintiff's evidence, the defendant demurred to plaintiff's evidence and moved for judgment of nonsuit, under act of 1897, ch. 109. (635)

His Honor intimated that plaintiff was not entitled to recover, and plaintiff in deference to said intimation submitted to a nonsuit and appealed. This is an action to recover damages for the wrongful killing of Charles M.…