George v. Winston-Salem Southbound Railway Co.

Tbis is an action for the wrongful death of the plaintiff’s intestate alleged to have been caused by the negligent failure of the defendant to avail itself of the last clear chance to avoid running its train over and fatally injuring said intestate while on the track of the defendant.

From an adverse judgment predicated upon the verdict, the defendant appealed, assigning as error the failure of the court to sustain its motion for a judgment as in case of nonsuit made when the plaintiff had introduced his evidence and rested his case and renewed after all the evidence on both sides was in. C.…