Hill v. Norfolk Southern Railroad
Supreme Court of North Carolina
Appeal by plaintiff from Rountree, J., at the November Term, 1914, of LENOIR. Civil action to recover damages for the alleged killing of intestate by defendant company. At close of plaintiff’s evidence, on motion, there was judgment of nonsuit, and plaintiff excepted and appealed.
1DissentBeowN, J.
I fully agree with the opening citation in the opinion of the Court from the Abernathy case. It is the well-settled law of this State. Applying it to the evidence of this ease, I am of opinion that the learned judge of the Superior Court did not err in sustaining the motion to nonsuit. A careful examination of the evidence set out in the record, in my opinion, fails to disclose any real evidence that the plaintiff’s intestate was lying down helpless upon defendant’s track, and while in such condition was run over and killed by a train.
The burden of proof is upon the plaintiff to prove by the…
2Cases cited5 opinions
- Henderson v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1912
- Clegg v. Southern Railway Co.Supreme Court of North Carolina · 1903
- Ward v. Atlantic Coast Line RailroadSupreme Court of North Carolina · 1914
- Barden v. Stickney.Supreme Court of North Carolina · 1903
- Holder v. North Carolina RailroadSupreme Court of North Carolina · 1912