Smith v. Charlotte Electric Railroad

Clare, 0. I.

This is an action for tbe wrongful death of the plaintiff’s intestate, Charles B. Skipper, who was run over and killed by defendant’s car on College Street, Charlotte, on the night of 25 December, 1913.

Without discussing the other evidence alleged as negligence, it is sufficient to consider the evidence in regard to the fender used by defendant, for if that evidence is true — and it must be taken as true on this appeal — the judgment of nonsuit was erroneous.

There was evidence tending to show that the deceased was lying on his back across the track, as his legs and lower part of…