Hinson v. . R. R.

From a judgment of nonsuit, plaintiff appealed. The only evidence taken was that offered by plaintiff. Taking that to be true, the court did not err in sustaining motion to nonsuit.

Plaintiff was a hostler in the yards of Southern Railway Company, lessee of defendant, in Charlotte. On the evening of 20 December, 1914, he started home across the yards and switching tracks of defendant. On his way he encountered a train of coal cars connected together, that had been run in one of the side-tracks that day. Plaintiff (647) looked up and down the train of cars and decided to cross the track…